Contract Law Overview and Key Cases

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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?

A type of criminal prosecution

A type of appeal in court

A jury's verdict in a civil case

A common law form of legal action for breach of contract (correct)

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?

Roles in estate management, where an executor is appointed by a testator Signup and view all the answers

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?

Whether words of condition in a promise indicate a request for consideration or state a mere condition in a gratuitous promise. Signup and view all the answers

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?

The agreement will not be enforced absent some rationale to enforce the promise without consideration. Signup and view all the answers

What rule did the court follow in reaching its decision in Feinberg v. Pfeiffer Co.?

A promise which the promisor should reasonably expect to induce action or forbearance on the part of the promisee and which does induce such action or forbearance is binding if injustice can be avoided only by enforcement of the promise. Signup and view all the answers

Which of the following choices best explains the term 'estoppel'?

A legal principle that bars a party from denying or alleging a certain fact owing to that party's previous conduct, allegation, or denial. Signup and view all the answers

What statement below best states the issue addressed by the court in Wood v. Lucy, Lady Duff-Gordon?

Was plaintiff Wood's promise illusory and therefore not supported by consideration, since it did not obligate him to take any positive action or do anything of an affirmative nature whatsoever? Signup and view all the answers

What do you think Justice Cardozo means by his use of the term 'sacred talisman'?

Precise, 'magic' words are not required for a contract to be enforceable in modern courts. Signup and view all the answers

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.