Questions and Answers
What are the most important facts that led the court to decide against the defendant doctor and award damages to the plaintiff boy in Hawkins v. McGee?
The defendant doctor said before the operation was decided upon, 'I will guarantee to make the hand a hundred percent perfect hand or a hundred percent good hand.'
Which of the following choices best explains the term 'assumpsit,' as used in Hawkins v. McGee?
What rule of contract law did the court apply to the facts in Hamer v. Sidway?
In general, a waiver of any legal right at the request of another is sufficient consideration for a promise.
Which of the following choices best explains the terms 'demurrer,' 'testator,' and 'executor' as used in Hamer v. Sidway?
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According to legal experts in contract law, if I say to you: 'If you go over to the bookstore there, you may purchase a sweatshirt on my credit,' what is often difficult to determine?
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According to legal experts in contract law, if I promise to give my daughter, Marley, a valuable painting in exchange for her promise to give me $1 and she says nothing, what happens?
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What rule did the court follow in reaching its decision in Feinberg v. Pfeiffer Co.?
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Which of the following choices best explains the term 'estoppel'?
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What statement below best states the issue addressed by the court in Wood v. Lucy, Lady Duff-Gordon?
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What do you think Justice Cardozo means by his use of the term 'sacred talisman'?
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Study Notes
Hawkins v. McGee Case Overview
- The court ruled against the defendant doctor and awarded damages to the plaintiff boy due to an explicit guarantee made by the doctor regarding the surgery outcome.
- The doctor's statement claimed he would make the boy’s hand "a hundred percent perfect" or "a hundred percent good," implying a warranty of success.
Assumpsit Definition
- "Assumpsit" refers to a common law legal action for breach of contract, allowing a plaintiff to claim damages when a contract is not fulfilled.
Hamer v. Sidway Contract Rule
- The court applied the principle that a waiver of any legal right at another's request can serve as sufficient consideration for a promise.
Terminology in Hamer v. Sidway
- An executor is appointed by a testator (the person who made the will) to execute its provisions.
Conditional Promises in Contract Law
- Conditional language in promises can lead to ambiguity regarding whether it constitutes a request for consideration or merely describes a condition of a gratuitous promise.
Enforcement of Promises without Consideration
- In situations where a promise is made without explicit consideration (e.g., a gift), the agreement is typically unenforceable unless a valid reason exists to apply enforcement.
Feinberg v. Pfeiffer Co. Rule
- A promise that a promisor reasonably expects to prompt action or forbearance from the promisee is binding if it can help avoid injustice, regardless of whether the promise was perfect.
Estoppel Explanation
- Estoppel prevents a party from contradicting previous conduct or statements, especially if someone else relied on those actions or assertions.
Wood v. Lucy, Lady Duff-Gordon Issue
- The court considered whether Wood's promise was illusory and lacked consideration, as it did not require him to take any specific actions.
Justice Cardozo's "Sacred Talisman" Concept
- Modern contract law does not require strict adherence to precise terminology; the essence of an obligation may be inferred from the overall writing, even if not perfectly expressed.
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Description
This quiz covers significant principles of contract law, including the Hawkins v. McGee and Hamer v. Sidway cases. It explores concepts like 'assumpsit' and conditional promises, providing a comprehensive understanding of legal terminology and contract enforcement. Assess your knowledge and grasp the intricacies of contract law.