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What is a primary method of enforcing a contract when a breach occurs?
What is a primary method of enforcing a contract when a breach occurs?
In Hawkins v McGee, what statement did the defendant doctor make that was crucial to the case?
In Hawkins v McGee, what statement did the defendant doctor make that was crucial to the case?
Which option best describes the term 'assumpsit' in the context of Hawkins v McGee?
Which option best describes the term 'assumpsit' in the context of Hawkins v McGee?
Which of the following questions does contract law typically seek to answer?
Which of the following questions does contract law typically seek to answer?
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In analyzing Hawkins v McGee, what is the first step in determining if there was a breach of contract?
In analyzing Hawkins v McGee, what is the first step in determining if there was a breach of contract?
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What is the primary purpose of expectation damages in contract law?
What is the primary purpose of expectation damages in contract law?
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Which of the following elements is NOT required for a contract to be enforceable?
Which of the following elements is NOT required for a contract to be enforceable?
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In the context of contract law, what does 'consideration' generally refer to?
In the context of contract law, what does 'consideration' generally refer to?
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In Hamer v Sidway, what did the court determine regarding the promise made by Uncle William?
In Hamer v Sidway, what did the court determine regarding the promise made by Uncle William?
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What is necessary for legal value to be present in a contract?
What is necessary for legal value to be present in a contract?
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Which term describes a person authorized to execute the terms of a will?
Which term describes a person authorized to execute the terms of a will?
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What was the main issue surrounding the enforceability of Uncle William's promise in Hamer v Sidway?
What was the main issue surrounding the enforceability of Uncle William's promise in Hamer v Sidway?
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What does the phrase 'legal detriment' refer to in contract terms?
What does the phrase 'legal detriment' refer to in contract terms?
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What was the primary cause of action initiated by Wood against Duff-Gordon?
What was the primary cause of action initiated by Wood against Duff-Gordon?
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Which court is issuing the opinion regarding Wood's appeal?
Which court is issuing the opinion regarding Wood's appeal?
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What motion did Duff-Gordon file to challenge Wood's case?
What motion did Duff-Gordon file to challenge Wood's case?
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What does Justice Cardozo imply about the nature of promises in contracts?
What does Justice Cardozo imply about the nature of promises in contracts?
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Under what condition is it questioned whether a contract exists in this case?
Under what condition is it questioned whether a contract exists in this case?
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How did the trial court initially rule on Duff-Gordon's demurrer?
How did the trial court initially rule on Duff-Gordon's demurrer?
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What were the implications of Duff-Gordon placing her endorsements on products without Wood's consent?
What were the implications of Duff-Gordon placing her endorsements on products without Wood's consent?
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What does the term 'sacred talisman' relate to in Justice Cardozo's statement?
What does the term 'sacred talisman' relate to in Justice Cardozo's statement?
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What is the primary reason a promise to refrain from doing an illegal act is considered unenforceable?
What is the primary reason a promise to refrain from doing an illegal act is considered unenforceable?
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In the case of Hamer v Sidway, what did Willie provide in exchange for the $5,000 promise?
In the case of Hamer v Sidway, what did Willie provide in exchange for the $5,000 promise?
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Which of the following illustrates the concept of 'legal value' in the context of contracts?
Which of the following illustrates the concept of 'legal value' in the context of contracts?
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What must be established for consideration to be valid in a contract?
What must be established for consideration to be valid in a contract?
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What can be concluded about the validity of Willie's agreement with Uncle William regarding armed robbery and homicide?
What can be concluded about the validity of Willie's agreement with Uncle William regarding armed robbery and homicide?
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Which factor does not contribute to the enforceability of a contract?
Which factor does not contribute to the enforceability of a contract?
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What is a key takeaway from the analysis of Hamer v Sidway regarding consideration?
What is a key takeaway from the analysis of Hamer v Sidway regarding consideration?
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In the context of contract analysis, what does 'forbearance' refer to?
In the context of contract analysis, what does 'forbearance' refer to?
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What does the court imply about the nature of a contract, even if it is imperfectly expressed?
What does the court imply about the nature of a contract, even if it is imperfectly expressed?
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What rationale does the court provide regarding parties in a contract?
What rationale does the court provide regarding parties in a contract?
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What argument did the defendant make regarding the existence of a contract?
What argument did the defendant make regarding the existence of a contract?
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How did the court interpret the plaintiff's acceptance of exclusive agency?
How did the court interpret the plaintiff's acceptance of exclusive agency?
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What does the court suggest about the reasonable efforts of the plaintiff?
What does the court suggest about the reasonable efforts of the plaintiff?
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What consequence does the court foresee if no implied promise exists in the agreement?
What consequence does the court foresee if no implied promise exists in the agreement?
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What was the court's stance on the formalism of contracts in this case?
What was the court's stance on the formalism of contracts in this case?
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What was the overall conclusion reached by the court concerning the contractual relationship?
What was the overall conclusion reached by the court concerning the contractual relationship?
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What rule did the court apply in Feinberg v. Pfeiffer Co. regarding past services?
What rule did the court apply in Feinberg v. Pfeiffer Co. regarding past services?
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Which choice accurately defines the legal term "estoppel"?
Which choice accurately defines the legal term "estoppel"?
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What does Section 90 of the Restatement of the Law of Contracts address?
What does Section 90 of the Restatement of the Law of Contracts address?
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What is a characteristic of promises that lack consideration?
What is a characteristic of promises that lack consideration?
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Which of the following elements must be proven for promissory estoppel to apply?
Which of the following elements must be proven for promissory estoppel to apply?
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Which statement regarding a promise to make a gift is correct?
Which statement regarding a promise to make a gift is correct?
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In the context of contract law, what constitutes consideration?
In the context of contract law, what constitutes consideration?
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What is a common issue associated with past consideration in contracts?
What is a common issue associated with past consideration in contracts?
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Study Notes
Contracts Class 1 (JD NEXT)
- A contract is a legally binding agreement, a promise or set of promises.
- Contracts create rights and obligations enforceable in courts.
- Contract enforcement typically involves damages for breach, sometimes court-ordered performance.
Hawkins v McGee
- Case Facts: Defendant doctor guaranteed a successful hand surgery.
- Issue: Was the doctor's guarantee an enforceable promise?
- Outcome: The court found for the plaintiff, stating the defendant doctor's promise was a valid assurance, breached.
Common Law Action
- Assumpsit: A common law action available to a plaintiff claiming contract breach.
Contract Origins & Types
- Contracts can arise from social relationships.
- Contracts involve exchanges between parties.
- Contracts are agreements, including expressive agreements.
- Contracts can be based on the expectations of the parties.
Contract Law Questions
- Do the parties' actions create legally recognizable expectations of each other?
- If so, how should those expectations be characterized and understood?
Hawkins v McGee Case Analysis
- Breach of Contract: Determining if a contract was breached.
- Calculating Damages: Calculating the appropriate compensation for the breach.
- Expectation Damages: A plaintiff should be put in the same position as if the contract were performed. Measured by the difference between the value of the promise and the current hand's value.
Hamer v Sidway
- Rule: A promise to refrain from doing something illegal is not enforceable; it requires legal value/detriment.
- Facts: Willie promised to refrain from actions (gambling, drinking, smoking) until 21, in exchange for $5,000
- Court Ruling: The promise (forbearing from an illegal activity) had legal value because he had the right to engage in these activities. It was found to be sufficient consideration for a promise.
Consideration
- Something of legal value exchanged for a promise.
- Two elements:
- Something of legal value
- A bargained-for exchange.
- Contracts unsupported by consideration (e.g. gifts) are not enforceable.
Problem Examples
- Gifts/Bargain (New York State Law): Applies in the case where a minor accepts a gift (e.g. money) for not engaging in certain activities that are illegal.
- Armed Robbery/Homicide: Illustrates that an agreement for not committing serious crimes lack legal value because you already have the legal right to choose to not commit these crimes. This falls outside the guidelines of enforceable contracts.
Wood v Lucy, Lady Duff-Gordon
- Issue: Was Wood's promise to market Lady Duff-Gordon's endorsement exclusive?
- Outcome: The court inferred that Wood would make a reasonable effort to market Lady Duff-Gordon's endorsements, and this was enough consideration to prove that a binding contract did exist.
Procedural Posture & Case Analysis (Wood v Lucy, Lady Duff-Gordon)
- Courts & procedural steps in a legal case, details on the appeal involved.
- The legal issues in the specific case.
- Court's reasoning and the decision of the court.
Rules to Decide a Contract Case
- The court's reasoning regarding the case at hand (rule of law).
- Explaining the rationale applied by the court, supporting the rule of law it applied.
Contract Conclusion
- The case facts/issues & the court's conclusion (holding).
- Summary of the legal decision and its significance.
Consideration Class 3 & 4
- Gratuitous promises, typically unenforceable due to lack of consideration.
- Past Consideration (not valid consideration)
- Promissory estoppel (consideration can be avoided if a promise is reasonably relied upon)
Mutual Mistake (Raffles v Whicleshouse)
- The contract lacks an existing agreement if the parties do not share the same understanding; mutual mistake.
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Description
This quiz covers the fundamentals of contract law, including definitions, enforceability, and key cases such as Hawkins v McGee. Students will explore the nature of contracts, the legal implications of promises, and the types of common law actions available. Test your understanding of the principles that govern contractual agreements.
