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Oral Contracts to Devise Realty -- Right of Third Party Beneficiary to Recover on Quantum Meruit William E
NORTH CAROLINA LAW REVIEW Volume 41 | Number 4 Article 15 6-1-1963 Oral Contracts to Devise Realty -- Right of Third Party Beneficiary to Recover on Quantum Meruit William E. Shinn Jr. Follow this and additional works at: http://scholarship.law.unc.edu/nclr Part of the Law Commons Recommended Citation William E. Shinn Jr., Oral Contracts to Devise Realty -- Right of Third Party Beneficiary to Recover on Quantum Meruit, 41 N.C. L. Rev. 890 (1963). Available at: http://scholarship.law.unc.edu/nclr/vol41/iss4/15 This Note is brought to you for free and open access by Carolina Law Scholarship Repository. It has been accepted for inclusion in North Carolina Law Review by an authorized editor of Carolina Law Scholarship Repository. For more information, please contact [email protected]. NORTH CAROLINA LAW REVIEW [Vol. 41 Acts, which were enacted for the benefit of the highway victim. The General Assembly might well consider changing this rule based purely upon legal reasoning without sufficient regard to practical considerations. JOHN BRYAN WHITLEY Oral Contracts to Devise Realty-Right of Third Party Beneficiary to Recover on Quantum Meruit In North Carolina an oral contract to devise real property is void under the Statute of Frauds,' and part performance by the promisee will not remove the contract from the operation of the Statute.2 However, the promisee who performs services pursuant to such a contract has a remedy on implied assumpsit or quantum meruit to recover the value of the services rendered.' Pickelsimer v. Pickelsimer4 presented the question of whether the third party beneficiary of a contract that is void under the Statute of Frauds may recover on quantum meruit the value of services ren- dered by the promisee pursuant to the contract. -
The Statute of Frauds and Oral Promises of Job Security: the Tenuous Distinction Between Performance and Excusable Nonperformance
OGORMAN (FINAL) (DO NOT DELETE) 6/22/2010 1:46 PM The Statute of Frauds and Oral Promises of Job Security: The Tenuous Distinction Between Performance and Excusable Nonperformance ∗ Daniel P. O’Gorman I. INTRODUCTION In general, an employment relationship between an employer and an employee is considered to be on an “at will” basis, meaning that either the employee or the employer can terminate the relation- ship at any time for any reason, without liability.1 An employment re- ∗ Assistant Professor, Barry University School of Law. B.A., summa cum laude, University of Central Florida; J.D., cum laude, New York University. I gratefully ac- knowledge the financial support of Barry University Law School’s Summer Research Fund. I would also like to thank the participants at the Fourth Annual Colloquium on Current Scholarship in Labor & Employment Law held in 2009 at Seton Hall University School of Law, including D. Aaron Lacy and Steven L. Willborn. 1 See RICHARD A. BALES, JEFFREY M. HIRSCH & PAUL M. SECUNDA, UNDERSTANDING EMPLOYMENT LAW 1 (2007) (noting that employment “at will” means that an employ- er or employee can terminate the employment relationship for any reason); SAMUEL ESTREICHER & MICHAEL C. HARPER, CASES AND MATERIALS ON EMPLOYMENT LAW 39 (3d ed. 2008) (“American common law generally construes employment for an indefinite or unstated term as a relationship which may be terminated ‘at will’ by either par- ty.”); Richard A. Bales, Explaining the Spread of At-Will Employment as an Interjurisdic- tional Race to the Bottom of Employment Standards, 75 TENN. L. REV. 453, 459 (2008) (“Today, the at-will rule remains the default employment rule in every state but Mon- tana . -
In Dispute 30:2 Contract Formation
CHAPTER 30 CONTRACTS Introductory Note A. CONTRACT FORMATION 30:1 Contract Formation ― In Dispute 30:2 Contract Formation ― Need Not Be in Writing 30:3 Contract Formation ― Offer 30:4 Contract Formation ― Revocation of Offer 30:5 Contract Formation ― Counteroffer 30:6 Contract Formation ― Acceptance 30:7 Contract Formation ― Consideration 30:8 Contract Formation ― Modification 30:9 Contract Formation ― Third-Party Beneficiary B. CONTRACT PERFORMANCE 30:10 Contract Performance — Breach of Contract — Elements of Liability 30:11 Contract Performance — Breach of Contract Defined 30:12 Contract Performance — Substantial Performance 30:13 Contract Performance — Anticipatory Breach 30:14 Contract Performance — Time of Performance 30:15 Contract Performance — Conditions Precedent 30:16 Contract Performance — Implied Duty of Good Faith and Fair Dealing — Non-Insurance Contract 30:17 Contract Performance — Assignment C. DEFENSES Introductory Note 30:18 Defense — Fraud in the Inducement 30:19 Defense — Undue Influence 30:20 Defense — Duress 30:21 Defense — Minority 30:22 Defense — Mental Incapacity 30:23 Defense — Impossibility of Performance 30:24 Defense — Inducing a Breach by Words or Conduct 30:25 Defense — Waiver 30:26 Defense — Statute of Limitations 30:27 Defense — Cancellation by Agreement 30:28 Defense — Accord and Satisfaction (Later Contract) 30:29 Defense — Novation D. CONTRACT INTERPRETATION Introductory Note 30:30 Contract Interpretation — Disputed Term 30:31 Contract Interpretation — Parties’ Intent 30:32 Contract Interpretation — -
Contract Law for Paralegals: Chapter 2 Chapter 2
Contract Law for Paralegals: Chapter 2 Chapter 2 Tab Text CHAPTER 2 The Offer Phase Chapter 2 is in three parts: (1) the classical offer-the promisor’s promise and consideration for that promise; (2) alternatives to classical consideration so an offer is created; and (3) alternative causes of action (reliance cause of action and restitution cause of action) when no offer is created. Chapter 2 begins with a definition of offer-the promisor’s creation of power in the promisee so the promisee can accept and thereby form a contract. Whether this power is created depends on whether the promisor manifests a willingness to enter into a contract by inviting the promisee to agree to the promisor’s terms. Whether the promisor’s manifestation creates this willingness is evaluated on an objective rather than a subjective basis. Offer vs. No Offer Using a Subjective or an Objective Standard is Exhibit 2-1 (50). The Road Map for the Offer Phase is Exhibit 2-2 (52) and can be downloaded from the Online Companion to this text. The Classical Offer Tab Text THE CLASSICAL OFFER-THE PROMISOR’S PROMISE AND CONSIDERATION FOR THAT PROMISE The two components of the classical offer are the promisor’s promise and the consideration for the promisor’s promise. The text clearly differentiates the promisor’s promise from the consideration for that promise. Without a promisor’s promise there can be no offer. Without consideration for the promisor’s promise there can be no offer. Students are forced to dissect the offer into its components rather than use a macro approach. -
Scott Miskimon, Partner Smith Anderson Buyer Beware Determining Liability When the Deal Falls Apart by Scott A
The following article was published in the October 2011 edition of the NCBA’s Real Property Law Section Newsletter. Author: Scott Miskimon, Partner Smith Anderson Buyer Beware Determining Liability When the Deal Falls Apart By Scott A. Miskimon Closing is months away and the buyer asks for a fourth extension The Seller Seeks a Closing of the closing date. The seller throws up his hands at the buyer’s end- less delays and indecision, and under a mistaken belief that the third The seller had long been dealing with a buyer who was unready extension of the closing date has expired, faxes a letter demanding a or indecisive, and who would soon prove inconsistent. Moreover, closing now or the deal is off. Should the buyer’s closing attorney step by mistake the seller believed that June 1, 2007 – rather than July 31, in and try to coax the seller to close? Or should the buyer immedi- 2007 – was the buyer’s deadline to close. In actuality, June 1 was the ately file suit? And what should the seller’s attorney do, particularly end of the buyer’s due diligence period. Under this mistaken belief if in the meantime the seller agrees to sell the land to someone else? as to the closing date, the seller faxed a letter to the buyer’s broker to North Carolina’s appellate courts recently decided the case of Pro- prod the buyer to close. In this letter, the seller’s president noted his file Investments No. 25, LLC v. Ammons East Corporation, 2010 understanding of the deadline for closing, expressed his frustration N.C. -
Effective Thermal Fire-Extinguishing Agents
NIST Technical Note 1440 Characteristics and Identification of Super- Effective Thermal Fire-Extinguishing Agents: Final Report, NGP Project 4C/1/890 William M. Pitts Jiann C. Yang Rodney A. Bryant Linda G. Blevins Marcia L. Huber NIST Technical Note 1440 Characteristics and Identification of Super- Effective Thermal Fire-Extinguishing Agents: Final Report, NGP Project 4C/1/890 William M. Pitts Jiann C. Yang Rodney A. Bryant Linda G. Blevins Building and Fire Research Laboratory Marcia L. Huber Chemical Science and Technology Laboratory June 2001 Issued July 2006 U.S. Department of Commerce Donald L. Evans, Secretary National Institute of Standards and Technology Dr. Karen H. Brown, Acting Director Certain commercial entities, equipment, or materials may be identified in this document in order to describe an experimental procedure or concept adequately. Such identification is not intended to imply recommendation or endorsement by the National Institute of Standards and Technology, nor is it intended to imply that the entities, materials, or equipment are necessarily the best available for the purpose. National Institute of Standards and Technology Technical Note 1440 Natl. Inst. Stand. Technol. Tech. Note 1440, 138 pages (July 2006) CODEN: NSPUE2 TABLE OF CONTENTS LIST OF TABLES............................................................................................................................................ iii LISTS OF FIGURES ........................................................................................................................................ -
Damages: the Measure of Damages for Anticipatory Repudiation and Seller's Duty to Mitigate, 37 Marq
Marquette Law Review Volume 37 Article 8 Issue 1 Summer 1953 Damages: The eM asure of Damages for Anticipatory Repudiation and Seller's Duty to Mitigate Fintan M. Flanagan Follow this and additional works at: http://scholarship.law.marquette.edu/mulr Part of the Law Commons Repository Citation Fintan M. Flanagan, Damages: The Measure of Damages for Anticipatory Repudiation and Seller's Duty to Mitigate, 37 Marq. L. Rev. 76 (1953). Available at: http://scholarship.law.marquette.edu/mulr/vol37/iss1/8 This Article is brought to you for free and open access by the Journals at Marquette Law Scholarly Commons. It has been accepted for inclusion in Marquette Law Review by an authorized administrator of Marquette Law Scholarly Commons. For more information, please contact [email protected]. MARQUETTE LAW REVIEW [Vol. 37 York rule when inter vivos disposition is restricted. Although in the Michel case the contract was binding prior to death and the stock was held to have passed under the will, the court stressed that this was because of the fact situation there, the optionee being also made legatee of the shares. Regardless of the merits of this decision when considered in the light of the Wilson case 21 it seems safe to predict that at least where that peculiar fact situation does not exist, the court would prob- ably adopt the New York or so-called "Federal Rule." Thus until further decisions clarify the present situation, it would seem most advisable for the attorney in drafting one of these agree- ments to fix its provisions with an eye to making the price set acceptable to the Commissioner of Internal Revenue and probably the Wisconsin Tax Department will follow suit unless the option holder is bequeathed the shares. -
Force Majeure and Common Law Defenses | a National Survey | Shook, Hardy & Bacon
2020 — Force Majeure SHOOK SHB.COM and Common Law Defenses A National Survey APRIL 2020 — Force Majeure and Common Law Defenses A National Survey Contractual force majeure provisions allocate risk of nonperformance due to events beyond the parties’ control. The occurrence of a force majeure event is akin to an affirmative defense to one’s obligations. This survey identifies issues to consider in light of controlling state law. Then we summarize the relevant law of the 50 states and the District of Columbia. 2020 — Shook Force Majeure Amy Cho Thomas J. Partner Dammrich, II 312.704.7744 Partner Task Force [email protected] 312.704.7721 [email protected] Bill Martucci Lynn Murray Dave Schoenfeld Tom Sullivan Norma Bennett Partner Partner Partner Partner Of Counsel 202.639.5640 312.704.7766 312.704.7723 215.575.3130 713.546.5649 [email protected] [email protected] [email protected] [email protected] [email protected] SHOOK SHB.COM Melissa Sonali Jeanne Janchar Kali Backer Erin Bolden Nott Davis Gunawardhana Of Counsel Associate Associate Of Counsel Of Counsel 816.559.2170 303.285.5303 312.704.7716 617.531.1673 202.639.5643 [email protected] [email protected] [email protected] [email protected] [email protected] John Constance Bria Davis Erika Dirk Emily Pedersen Lischen Reeves Associate Associate Associate Associate Associate 816.559.2017 816.559.0397 312.704.7768 816.559.2662 816.559.2056 [email protected] [email protected] [email protected] [email protected] [email protected] Katelyn Romeo Jon Studer Ever Tápia Matt Williams Associate Associate Vergara Associate 215.575.3114 312.704.7736 Associate 415.544.1932 [email protected] [email protected] 816.559.2946 [email protected] [email protected] ATLANTA | BOSTON | CHICAGO | DENVER | HOUSTON | KANSAS CITY | LONDON | LOS ANGELES MIAMI | ORANGE COUNTY | PHILADELPHIA | SAN FRANCISCO | SEATTLE | TAMPA | WASHINGTON, D.C. -
'Capacitas': Contract Law and the Institutional
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Research Papers in Economics ‘CAPACITAS’: CONTRACT LAW AND THE INSTITUTIONAL PRECONDITIONS OF A MARKET ECONOMY Centre for Business Research, University Of Cambridge Working Paper No. 325 by Simon Deakin University of Cambridge Centre for Business Research Judge Business School Building Trumpington Street Cambridge CB2 1AG Email: [email protected] June 2006 This working paper forms part of the CBR Research Programme on Corporate Governance. Abstract Capacity may be defined as a status conferred by law for the purpose of empowering persons to participate in the operations of a market economy. This paper argues that because of the confining influence of the classical private law of the nineteenth century, we currently lack a convincing theory of the role of law in enhancing and protecting the substantive contractual capacity of market agents, a notion which resembles the economic concept of ‘capability’ as developed by Amartya Sen. Re-examining the legal notion of capacity from the perspective of Sen’s ‘capability approach’ is part of a process of understanding the preconditions for a sustainable market order under modern conditions. JEL Classification : K12, K31 Keywords : contract law, capacity, capability approach Acknowledgements This paper is based on the work of the ‘Capacitas’ project which was funded by the European Union’s Fifth Framework Programme, as part of a wider research network examining the politics of capabilities in Europe (‘Eurocap’). I am grateful to fellow project-members who took part in meetings in Nantes and Cambridge in 2003 and 2005 respectively and whose work I draw on here, in particular Wiebke Brose, Sandrine Godelain, Jean Hauser, Martin Hesselink, Alain Supiot and Aurora Vimercati. -
Department of Veterans Affairs VA Directive 0000 Washington, DC 20420 Transmittal Sheet November 14, 2018
Department of Veterans Affairs VA Directive 0000 Washington, DC 20420 Transmittal Sheet November 14, 2018 DELEGATIONS OF AUTHORITY 1. REASON FOR ISSUE: Directive 0000 is being reissued to update policy regarding VA Delegations Of Authority (DOA). 2. SUMMARY OF CONTENTS/MAJOR CHANGES: This revised directive announces changes in the responsible office from the Office of Information and Technology (OIT) to the Office of Enterprise Integration (OEI), establishes an Enterprise Delegation Control Officer within OEI, and clarifies roles and responsibilities of officials managing the Delegation of Authority program for the enterprise. 3. RESPONSIBLE OFFICE(S): The Office of Policy and Interagency Collaboration (008D3) within the Office of the Assistant Secretary for Enterprise integration (008). 4. RELATED HANDBOOK: None. 5. RESCISSION: VA Directive 0000, Delegations of Authority, dated September 9, 2009. CERTIFIED BY: BY THE DIRECTION OF THE SECRETARY OF VETERANS AFFAIRS: /s/ /s/ Melissa S. Glynn, Ph.D. Melissa S. Glynn, Ph.D. Assistant Secretary Assistant Secretary for Enterprise Integration for Enterprise Integration DISTRIBUTION: Electronic Only VA Directive 0000 November 14, 2018 This page is intentionally left blank. 2 November 14, 2018 VA Directive 0000 DELEGATIONS OF AUTHORITY 1. PURPOSE AND SCOPE. This directive sets forth policies for issuing delegations of authority from the Secretary of Veterans Affairs, Deputy Secretary of Veterans Affairs, Chief of Staff, Assistant Secretaries, Under Secretaries, and Other Key Officials. Section 512(a) of title 38 of the United States Code (U.S.C.), allows the Secretary to delegate, except as otherwise provided by law, the authority to act or render decisions with respect to all laws administered by the Department of Veterans Affairs (VA). -
Introduction to Law and Legal Reasoning Law Is
CHAPTER 1: INTRODUCTION TO LAW AND LEGAL REASONING LAW IS "MAN MADE" IT CHANGES OVER TIME TO ACCOMMODATE SOCIETY'S NEEDS LAW IS MADE BY LEGISLATURE LAW IS INTERPRETED BY COURTS TO DETERMINE 1)WHETHER IT IS "CONSTITUTIONAL" 2)WHO IS RIGHT OR WRONG THERE IS A PROCESS WHICH MUST BE FOLLOWED (CALLED "PROCEDURAL LAW") I. Thomas Jefferson: "The study of the law qualifies a man to be useful to himself, to his neighbors, and to the public." II. Ask Several Students to give their definition of "Law." A. Even after years and thousands of dollars, "LAW" still is not easy to define B. What does law Consist of ? Law consists of enforceable rule governing relationships among individuals and between individuals and their society. 1. Students Need to Understand. a. The law is a set of general ideas b. When these general ideas are applied, a judge cannot fit a case to suit a rule; he must fit (or find) a rule to suit the unique case at hand. c. The judge must also supply legitimate reasons for his decisions. C. So, How was the Law Created. The law considered in this text are "man made" law. This law can (and will) change over time in response to the changes and needs of society. D. Example. Grandma, who is 87 years old, walks into a pawn shop. She wants to sell her ring that has been in the family for 200 years. Grandma asks the dealer, "how much will you give me for this ring." The dealer, in good faith, tells Grandma he doesn't know what kind of metal is in the ring, but he will give her $150. -
Lesser Known Breach of Contract Defenses
LESSER KNOWN BREACH OF CONTRACT DEFENSES Jack A. Walters, III Cooper & Scully, P.C. Founders Square 900 Jackson Street, Suite 100 Dallas, Texas 75202 (214) 712-9500 (214) 712-9540 fax www.cooperscully.com [email protected] 3rd Annual Construction Symposium January 25, 2008 TABLE OF CONTENTS I. INTRODUCTION...............................................................................................................1 II. BACKGROUND ON CONSTRUCTION CONTRACTS..................................................1 A. Contract Documents...............................................................................................1 B. Checklist of Issues Covered in a Contract..............................................................1 C. Definitions..............................................................................................................2 III. CONTRACT DEFENSES...................................................................................................3 A. Limitations (Statute of Limitations & Statute of Repose)......................................3 B. Standing/Privity......................................................................................................5 C. Failure of consideration / Lack of consideration....................................................6 D. Mistake 7 E. Ratification.............................................................................................................8 F. Waiver 9 G. Plaintiff's Prior Material Breach.............................................................................9