Term
| "Intention to Be Bound: The Objective Theory of Contract. (Ray v. William G. Eurice & Bros., Inc.)" |
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Definition
| "A party is bound to a signed document, which he has read with the capacity to understand it, absent fraud, duress, and mutual mistake. (Ray v. William G. Eurice & Bros., Inc.)" |
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Term
| Offer and Acceptance in Bilateral Contracts (Lonergan v. Scolnick) |
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Definition
| "There is no meeting of the minds, and, therefore, no enforceable contract, where communications between the parties do not evidence a definite offer and acceptance. (Lonergan v. Scolnick)" |
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Term
| "Offers and Acceptance: Bilateral Contracts (Izadi v. Machado (Gus) Ford, Inc.)" |
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Definition
| "In an offer is conveyed by the objective reading of an advertisement, it does not matter that the advertiser may subjectively have not intended for its chosen language to constitute a binding offer. (Izadi v. Machado (Gus) Ford, Inc.)" |
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Term
| Offer and Acceptance in Bilateral Contracts (Normile v. Miller) |
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Definition
| A prospective purchaser does not have the power to accept a counteroffer after receiving notice of its revocation by accepting the counteroffer within the time period specified in the prospective purchaser's original offer. (Normile v. Miller) |
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Term
| Offer and Acceptance in Unilateral Contracts (Petterson v. Pattberg) |
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Definition
| An offer to enter into a unilateral contract may be withdrawn at any time prior to performance of the act requested to be done. (Petterson v. Pattberg) |
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Term
| Offer and Acceptance in Unilateral Contracts. (Cook v. Coldwell Banker/Frank Laiben Realty Co.) |
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Definition
| "In the context of an offer for a unilateral contract, the offer may not be revoked when the offeree has accepted the offer by substantial performance. (Cook v. Coldwell Banker/Frank Laiben Realty Co.)" |
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Term
| "Other Methods of Reaching Mutual Assent. (Harlow & Jones, Inc. v.Advance Steel Co.)" |
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Definition
| "Under the Uniform Commercial Code(U.C.C.), a contract for the purchase of goods is formed orally, even though the exact moment of its making is undeterminable and even though one or more terms are left open, where the conduct of the parties corroborates the creation of such a contract and their writings do not. (Harlow & Jones, Inc. v.Advance Steel Co.)" |
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Term
| Defining Consideration. (Hamer v. Sidway) |
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Definition
| "In general, a waiver of any legal right at the request of another party is a sufficient consideration for a promise. (Hamer v. Sidway)" |
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Term
| "Defining Consideration. (Pennsy Supply, Inc. v. American Ash Recycling Corp. ofPennsylvania)" |
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Definition
| "Relief of a manufacturer's legal obligation to dispose of a material classified as hazardous waste, such that the manufacturer avoids the costs of disposal, constitutes sufficient consideration to ground contract and warranty claims brought by the disposer. (Pennsy Supply, Inc. v. American Ash Recycling Corp. ofPennsylvania)" |
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Term
| Applying the Consideration Doctrine (Dougherty v. Salt) |
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Definition
| A note that is not supported by consideration is unenforceable. (Dougherty v. Salt) |
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Term
| Applying the Consideration Doctrine (Batsakis v. Demotsis) |
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Definition
| Mere inadequacy of consideration will not void a contract. (Batsakis v. Demotsis) |
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Term
| Applying the Consideration Doctrine. (Plowman v. Indian Refining Co.) |
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Definition
| Past services are not sufficient consideration to support the enforceability of a contract to provide continuing payments to former employees. (Plowman v. Indian Refining Co.) |
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Term
| "Limiting the Offeror's Power to Revoke: The Effect of Pre-Acceptance Reliance (James Baird Co. v. Gimbel Bros., Inc.)" |
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Definition
| "(1) Where an offer is withdrawn before it is accepted, and the offer language does not indicate a contrary intention, a contract is not formed. (2) The doctrine of promissory estoppel is not applicable where an offer is made for an exchanged act or promise and no consideration has been received by the offeror. (James Baird Co. v. Gimbel Bros., Inc.)" |
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Term
| Limiting the Offeror's Power to Revoke: The Effect of Pre-Acceptance Reliance. (Drennan v. Star Paving Co.) |
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Definition
| Reasonable reliance on a promise binds an offeror even if there is no other consideration. (Drennan v. Star Paving Co.) |
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Term
| Limiting the Offeror's Power to Revoke: The Effect of Pre-Acceptance Reliance. (Berryman v. Kmoch) |
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Definition
| An agreement which lacks consideration may be enforceable based on promissory estoppel when: (1) the promisor reasonably expected the promisee to rely on the promise; (2) the promisee reasonably relied on the promise; and (3) a failure to enforce the promise would result in perpetuation of fraud or result in other injustice. (Berryman v. Kmoch) |
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Term
| "Limiting the Offeror's Power to Revoke: The Effect of Pre-Acceptance Reliance. (Pop's Cones, Inc. v. Resorts International Hotel, Inc.) " |
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Definition
| "A promise which the promisor should reasonably expect to induce action or forbearance on the part of the promisee or a third person, and which does induce such action or forbearance, is binding if injustice can be avoided only by enforcement of the promise. " |
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Term
| "Qualified Acceptance: The ""Battle of Forms."" (Princess Cruises, Inc. v. General Electric Co.)" |
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Definition
| "When the predominant purpose of a maritime or land-based contract is the rendering of services rather than the furnishing of goods, the Uniform Commercial Code is inapplicable, and courts must draw on common-law doctrines when interpreting the contract. (Princess Cruises, Inc. v. General Electric Co.)" |
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Term
| "Qualified Acceptance: The ""Battle of Forms."" (Brown Machine, Inc. v. Hercules, Inc.)" |
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Definition
| "An offeree's reply that purports to accept an offer but makes acceptance conditional on the offeror's assent to terms not contained in the original offer is a counteroffer rather than an acceptance. (Brown Machine, Inc. v. Hercules, Inc.)" |
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Term
| "Postponed Bargaining: The ""Agreement to Agree."" (Walker v. Keith)" |
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Definition
| "Where essential terms such as price are not contained in an option contract, and no standards are included whereby such terms may be judicially determined, no contract exists. (Walker v. Keith)" |
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Term
| "Postponed Bargaining: The ""Agreement to Agree."" (Quake Construction, Inc. v. American Airlines, Inc.)" |
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Definition
| "Although letters of intent may be enforceable, such letters are not necessarily enforceable unless the parties intend them to be contractually binding. (Quake Construction, Inc. v. American Airlines, Inc.)" |
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Term
| "Electronic Contracting. (Brower v.Gateway 2000, Inc.)" |
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Definition
| "In order to find a contract clause ""unconscionable"" requires some showing of an absence of meaningful choice on the part of one of the parties together with contract terms which are unreasonably favorable to the other party. (Brower v.Gateway 2000, Inc.)" |
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Term
| "Electronic Contracting. (Register.com., Inc. v. Verio, Inc.)" |
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Definition
| "(1) Where a contract specifies that it is not intended to benefit third parties, a third party may not prevail on a claim that one of the contracting parties violated the contract to the third party's detriment. (2) A website user is contractually bound to restrictive conditions of use imposed by the website operator, even though such restrictions appear after the user receives requested information, where the user has used the website multiple times. (3) A website user does not reject restrictive conditions of use imposed by the website operator where the user takes information offered subject to the conditions but does not have to manifest agreement to do so. (Register.com., Inc. v. Verio, Inc.)" |
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