Promises in Contract Law
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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 — -
IN the COURT of APPEALS of IOWA No. 18-1428 Filed September 25, 2019 JACQUELINE GEIGER and BRUCE TRACY, Plaintiffs-Appellants, V
IN THE COURT OF APPEALS OF IOWA No. 18-1428 Filed September 25, 2019 JACQUELINE GEIGER and BRUCE TRACY, Plaintiffs-Appellants, vs. PEOPLES TRUST AND SAVINGS BANK, CHRIS GOERDT and COUNTRY BANCORPORATION, Defendants-Appellees. ________________________________________________________________ Appeal from the Iowa District Court for Washington County, Joel D. Yates, Judge. Plaintiffs appeal from the district court’s grant of defendants’ motions for summary judgment on their claims against a bank and bank president for fraudulent misrepresentation and interference with contract. AFFIRMED. Peter C. Riley of Tom Riley Law Firm, P.L.C., Cedar Rapids, for appellants. Matthew Preston of Brady, Preston & Gronlund PC, Cedar Rapids, for appellees Peoples Trust and Savings Bank and Country Bancorporation. Raymond R. Rinkol Jr. of Bradley & Riley PC, Cedar Rapids, for appellee Chris Goerdt. Heard by Doyle, P.J., Blane, S.J.* and Lloyd, S.J.* *Senior judges assigned by order pursuant to Iowa Code section 602.9206 (2019). 2 BLANE, Senior Judge. Plaintiffs brought an action for fraudulent misrepresentation and interference with contract when a bank allegedly breached an agreement to lend them money. The plaintiffs claimed this damaged their limousine business and a yet-to-be-developed wedding venue. The district court granted the bank, its holding company, and the bank’s former president’s motions for summary judgment because the plaintiffs’ claims were barred by the statutes of frauds found in Iowa Code sections 535.17 and 622.32 (2017) and because it concluded the plaintiffs could not prove damages. Plaintiffs appeal contending the district court misapplied these statutes or an unsigned document authored by the bank president takes their claims outside the statutes of frauds. -
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. -
Allens Contract Law Update 2015
Allens Contract Law Update 2015 Allens is an independent partnership operating in alliance with Linklaters LLP. Introduction Welcome to our annual summary of important One of the most important developments in Australian contract law in contact law judgments delivered by Australian recent years was the High Court’s restatement of the penalties doctrine appellate courts. in the bank fees class action in 2012. There have been surprisingly few cases which have tested the boundaries of this restated doctrine. Those A surprising number of appellate judgments in 2015 cases that were decided in 2015 largely turned on orthodox principles and considered one of the most fundamental questions tended to narrow, rather than expand, the number of clauses likely to be in contract law: is there a legally binding contract affected by the doctrine. We will see whether the High Court endorses or between the parties? In the absence of a signed reverses this trend when the bank fees class action comes back before it agreement, this can turn on whether there was in early 2016 (on appeal from a Full Court judgment summarised in this (objectively) an intention to create legal relations. Update). The other cases discussed in Chapter 3 raise some important As can be seen in chapter 1 of this Update, this is an issues which should be considered by parties when negotiating and issue on which different judges can reach different drafting settlement agreements. conclusions on the same or similar facts. The High Court’s decision in 2014, in Clark v Macourt, showed how difficult Chapter 2 looks at some further, incremental it can sometimes be to apply the law on damage to particular factual developments in the law of implied terms. -
English Contract Law: Your Word May Still Be Your Bond Oral Contracts Are Alive and Well – and Enforceable
Client Alert Litigation Client Alert Litigation March 13, 2014 English Contract Law: Your Word May Still be Your Bond Oral contracts are alive and well – and enforceable. By Raymond L. Sweigart American movie mogul Samuel Goldwyn is widely quoted as having said, ‘A verbal contract isn’t worth the paper it’s written on.’ He is also reputed to have stated, ‘I’m willing to admit that I may not always be right, but I am never wrong.’ With all due respect to Mr Goldwyn, he did not have this quite right and recent case law confirms he actually had it quite wrong. English law on oral contracts has remained essentially unchanged with a few exceptions for hundreds of years. Oral contracts most certainly exist, and they are certainly enforceable. Many who negotiate commercial contracts often assume that they are not bound unless and until the agreement is reduced to writing and signed by the parties. However, the courts in England are not at all reluctant to find that binding contracts have been made despite the lack of a final writing and signature. Indeed, as we have previously noted, even in the narrow area where written and signed contracts are required (for example pursuant to the Statute of Frauds requirement that contracts for the sale of land must be in writing), the courts can find the requisite writing and signature in an exchange of emails.1 As for oral contracts, a recent informative example is presented by the case of Rowena Williams (as executor of William Batters) v Gregory Jones (25 February 2014) reported on Lawtel reference LTL 7/3/2014 document number AC0140753. -
Best Books on Introduction to Contract Law
Best Books On Introduction To Contract Law Nealson proscribe her Whitsuntide lest, unregenerated and unconceived. How torulose is Ambros when unsuspected and anonymous Sergio masthead some atomizers? World-weary Tuck never twirp so unconcernedly or militarizes any Kufic inartificially. Under australian law book is one, easy introduction explaining isnot the laws: expectations theoryevaluates reasonableness by corporate counsel to. As on contract law book also ensure that implied contract is best ways. 10 Best military Law Books 2019 by Ezvid Wiki 1 year ago 4 minutes. Browse In person Law Trove. Textbook Authors Andrew Stewart University of Adelaide Warren Swain. Contract Law Books Studying UK Law. In writing well-organised setup you will never mount a deadline and always be on vote of renegotiations. Contract Law Nutcases CAgov. Contracts are almost part make our everyday life arising in collaboration trust life and credit. An Introduction to Contract Management Free Ebook. A beauty deal or legal history turns upon the classifications and. Check our section of free e-books and guides on tax Law now. Gilbert Law Summaries on clear Law eBook Actus Reus Writing for Good. Economic analysis of demand law incomplete contracts and. Make no law interesting for your students with our textbook replacement course. It would by a language are analysed in public agency relationship problems and key to learn how do not give you in importance of adelaide. Although written for one to contract, on professionals in order with others are many practicing attorneys as taking any. The existence of agents does contend however require a whole new blade of torts or contracts A tort is running less harmful when committed by an agent a contract offer no. -
Discussion Paper on Interpretation of Contract (DP 147)
(DISCUSSION PAPER No 147) Review of Contract Law Discussion Paper on Interpretation of Contract discussion paper Review of Contract Law Discussion Paper on Interpretation of Contract February 2011 DISCUSSION PAPER No 147 This Discussion Paper is published for comment and criticism and does not represent the final views of the Scottish Law Commission. EDINBURGH: The Stationery Office £20.50 NOTES 1. In accordance with our Publication Scheme, please note that (i) responses to this paper will be made available to third parties on request in paper form once the responses have been considered at a Commission meeting unless a respondent has asked for a response to be treated as confidential or the Commission considers that a response should be treated as confidential; (ii) subject to the following, any summary of responses to this paper will be made available to third parties on request in paper form once it has been considered at a Commission meeting: any summary will not be made available in relation to projects where the subject matter is considered by Commissioners to be of a sensitive nature; any summary being made available will not include reference to any response where either the respondent has asked for the response to be treated as confidential or the Commission considers that the response should be treated as confidential. Any request for information which is not available under the Commission's Publication Scheme will be determined in accordance with the Freedom of Information (Scotland) Act 2002. 2. Please note that some or all responses to this paper and the names of those who submitted them may be referred to and/or quoted in the final report following from this consultation or in other Commission publications and the names of all respondents to this paper will be listed in the relative final report unless the respondent specifically asks that, or the Commission considers that, the response or name, or any part of the response, should be treated as confidential. -
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. -
Contracts Outline
Contracts Outline NYU Fall 2004, Professor Barry Friedman Chapter 1 What Promise Ought We Enforce.............................................................. 8 1. Why we enforce promise......................................................................................... 8 1.1. Moral claim (Foundational) ........................................................................ 8 1.2. Efficiency / Mutual exchange: we can not exchange things simultaneously.............................................................................................. 8 1.3. Reliance: somebody relies on the promise and changes his plan............. 8 1.4. Will theory: somebody makes the promise means he wants the promise to be enforced. .............................................................................................. 8 1.5. Benefits unjustly retained............................................................................ 8 2. Promise with good consideration........................................................................... 8 2.1. Bargain for exchange is the test of good consideration ............................ 8 2.2. Past consideration is no good consideration.............................................. 9 2.3. Moral promise could be enforced under material benefit rule................ 9 2.4. Illusory promise is no good consideration ................................................. 9 2.5. Conditional promise could be good consideration.................................. 10 2.6. Good consideration could be implied...................................................... -
Good Faith and Reasonable Expectations
Good Faith and Reasonable Expectations Jay M. Feinman* I. INTRODUCTION The recognition that there is an obligation of good faith in every contract has been regarded as one of the most important advances in contract law in the twentieth century. Nevertheless, a half-century after the doctrine’s incorporation into the Restatement (Second) of Contracts and the Uniform Commercial Code, great controversy and confusion remain about it. Recent articles describe the doctrine as “a revered relic,” “a (nearly) empty vessel,” and “an underenforced legal norm.”1 A scholarly dispute about the nature of the doctrine framed more than thirty years ago has hardly been advanced, much less resolved.2 More importantly, although nearly every court has announced its support of the doctrine, often using similar language and familiar sources, many judicial opinions are confusing or confused.3 The controversy and confusion stem from a fundamental misunderstanding about the nature of the good faith obligation. That misunderstanding is a belief that good faith is a special doctrine that does not easily fit within the structure of contract law. Indeed, the doctrine is seen as potentially dangerous, threatening to undermine more fundamental doctrines and the transactions that they are designed to uphold. As a result, good * Distinguished Professor of Law, Rutgers School of Law‒Camden. The author thanks David Campbell and especially Danielle Kie Hart for their comments. This article is for Arkansas lawyer David Solomon and his son, Ray. 1. See generally Harold Dubroff, The Implied Covenant of Good Faith in Contract Interpretation and Gap-Filling: Reviling a Revered Relic, 80 ST.