Podcast
Questions and Answers
What was the original principal amount remaining unpaid on the mortgage on April 4, 1924?
What was the original principal amount remaining unpaid on the mortgage on April 4, 1924?
Petterson paid the quarterly installment due on April 25, 1924.
Petterson paid the quarterly installment due on April 25, 1924.
True (A)
Why did Pattberg refuse to accept payment from Petterson when he arrived to pay off the mortgage?
Why did Pattberg refuse to accept payment from Petterson when he arrived to pay off the mortgage?
Pattberg stated that he had already sold the mortgage.
The property in question was located at 5301 ______ Avenue in Brooklyn.
The property in question was located at 5301 ______ Avenue in Brooklyn.
Signup and view all the answers
Match the individuals with their roles in the case:
Match the individuals with their roles in the case:
Signup and view all the answers
What did Petterson do to demonstrate his readiness to pay off the mortgage?
What did Petterson do to demonstrate his readiness to pay off the mortgage?
Signup and view all the answers
Pattberg sold the bond and mortgage after Petterson attempted to pay it off.
Pattberg sold the bond and mortgage after Petterson attempted to pay it off.
Signup and view all the answers
What was the financial loss claimed by Petterson as a result of Pattberg's actions?
What was the financial loss claimed by Petterson as a result of Pattberg's actions?
Signup and view all the answers
What type of contract did the defendant's letter propose to Petterson?
What type of contract did the defendant's letter propose to Petterson?
Signup and view all the answers
An offer for a unilateral contract can be withdrawn only after the requested act has been fully performed.
An offer for a unilateral contract can be withdrawn only after the requested act has been fully performed.
Signup and view all the answers
According to Williston, what must be given in response to a requested act in an offer?
According to Williston, what must be given in response to a requested act in an offer?
Signup and view all the answers
In the context of contract law, the performance of the consideration is often considered a ______.
In the context of contract law, the performance of the consideration is often considered a ______.
Signup and view all the answers
Match the legal scenarios with the principle of offer revocation they illustrate:
Match the legal scenarios with the principle of offer revocation they illustrate:
Signup and view all the answers
What was Petterson intending to do when he approached the defendant?
What was Petterson intending to do when he approached the defendant?
Signup and view all the answers
A tender of payment was actually made by Petterson before the defendant withdrew the offer.
A tender of payment was actually made by Petterson before the defendant withdrew the offer.
Signup and view all the answers
What action by the defendant served as 'definite notice' to Petterson that the offered promise could not be performed?
What action by the defendant served as 'definite notice' to Petterson that the offered promise could not be performed?
Signup and view all the answers
The case Dickinson v. Dodds illustrates that an offer can be withdrawn without formal notice if the offeree has ______ knowledge of acts inconsistent with the offer's continuation.
The case Dickinson v. Dodds illustrates that an offer can be withdrawn without formal notice if the offeree has ______ knowledge of acts inconsistent with the offer's continuation.
Signup and view all the answers
What was the final judgment in this case regarding the defendant's offer and Petterson's claim?
What was the final judgment in this case regarding the defendant's offer and Petterson's claim?
Signup and view all the answers
Judge Lehman, in his dissenting opinion, agreed with the majority opinion that no binding obligation was ever assumed by the defendant.
Judge Lehman, in his dissenting opinion, agreed with the majority opinion that no binding obligation was ever assumed by the defendant.
Signup and view all the answers
According to Judge Lehman, what principle of 'fundamental justice' is relevant to this case?
According to Judge Lehman, what principle of 'fundamental justice' is relevant to this case?
Signup and view all the answers
Judge Lehman states that the defendant's promise, though lacking initial consideration, was made to obtain something the defendant ______.
Judge Lehman states that the defendant's promise, though lacking initial consideration, was made to obtain something the defendant ______.
Signup and view all the answers
What did Judge Lehman believe was the 'condition precedent' to the defendant's performance?
What did Judge Lehman believe was the 'condition precedent' to the defendant's performance?
Signup and view all the answers
Match the legal scholars with their concepts related to unilateral contracts and offers:
Match the legal scholars with their concepts related to unilateral contracts and offers:
Signup and view all the answers
The defendant's offer was made as an incentive for the plaintiff to pay the mortgage after the due date.
The defendant's offer was made as an incentive for the plaintiff to pay the mortgage after the due date.
Signup and view all the answers
What was the primary point of contention regarding the defendant's agreement?
What was the primary point of contention regarding the defendant's agreement?
Signup and view all the answers
What phrase used by the defendant is central to the court's interpretation of the agreement?
What phrase used by the defendant is central to the court's interpretation of the agreement?
Signup and view all the answers
The plaintiff's offer to pay, combined with the intention and ability to do so, is considered sufficient. A formal ______ is rarely needed in business transactions.
The plaintiff's offer to pay, combined with the intention and ability to do so, is considered sufficient. A formal ______ is rarely needed in business transactions.
Signup and view all the answers
The judges who concurred with Kellogg, J. are:
The judges who concurred with Kellogg, J. are:
Signup and view all the answers
The dissenting opinion argued that the plaintiff had not fulfilled the necessary conditions for the defendant’s promise to be binding.
The dissenting opinion argued that the plaintiff had not fulfilled the necessary conditions for the defendant’s promise to be binding.
Signup and view all the answers
What action by the plaintiff did the court consider as fulfilling the defendant's request in the agreement?
What action by the plaintiff did the court consider as fulfilling the defendant's request in the agreement?
Signup and view all the answers
Match the following arguments with the corresponding parties:
Match the following arguments with the corresponding parties:
Signup and view all the answers
What legal principle did the court invoke when evaluating the defendant's phrase "I agree to accept"
What legal principle did the court invoke when evaluating the defendant's phrase "I agree to accept"
Signup and view all the answers
The court referenced a case (Surace v. Danna) and the opinion of Judge ______ to support its reasoning.
The court referenced a case (Surace v. Danna) and the opinion of Judge ______ to support its reasoning.
Signup and view all the answers
Study Notes
Petterson v. Pattberg Case Summary
-
Facts: John Petterson owed a mortgage to Zechariah Pattberg. Pattberg wrote Petterson offering to accept cash payment for the mortgage at a discounted price if paid by May 31, 1924. Petterson attempted to pay Pattberg on May, but Pattberg refused as he had sold the mortgage to a third party. Petterson sued.
-
Majority Opinion (Kellogg, J.): A unilateral contract requires a complete act of performance to be binding. Pattberg's offer was revocable until Petterson tendered payment. The offer was withdrawn before acceptance.
-
Dissenting Opinion (Lehman, J.): Pattberg's offer implied a commitment to accept payment if the payment was offered before May 31. The act of offering payment was acceptance of the unilateral contract. Rejecting payment after the offer constitutes a breach. Pattberg's refusal made performance impossible.
-
Key Legal Concepts: Unilateral contract, revocation of offer, tender of payment, implied commitment, condition precedent.
Unilateral Contract
- A unilateral contract is formed when one party makes a promise in exchange for the other party's performance of a specific act.
- Unlike bilateral contracts (where mutual promises are exchanged), acceptance in a unilateral contract is not a promise but the completion of the requested act.
- The offeror can revoke the offer at any time before the offeree completes the requested act.
Revocation of Offer
- An offer can be revoked before it is accepted.
- Revocation can be communicated expressly or by actions inconsistent with the offer's continued existence. (e.g., selling the mortgage to someone else).
Tender of Payment
- Tender of payment is an unconditional offer of payment sufficient to satisfy a debt.
- In this case, a formal tender wasn't necessary, but the offer to pay was enough for acceptance.
Majority vs. Dissenting Views
- Majority: Focuses on the offeror's right to revoke before complete performance of the requested act.
- Dissenting: Emphasizes the implied commitment in Pattberg's offer and the impossibility of performance created by his refusal to accept the offer to pay.
Significance of the Case
- The case highlights the key distinctions between unilateral and bilateral contracts and the importance of explicit versus implied agreements in contract formation.
- It illustrates how a party's behavior can impact contract formation and interpretation.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Description
Explore the landmark case of Petterson v. Pattberg, which addresses the nuances of unilateral contracts and the conditions under which an offer may be revoked. This quiz delves into the facts, majority, and dissenting opinions surrounding the dispute over a mortgage payment. Understand the implications of tender of payment and the concepts of offer and acceptance in contract law.
