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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?
- $6,230
- $250
- $5,450 (correct)
- $780
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.
Match the individuals with their roles in the case:
Match the individuals with their roles in the case:
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?
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.
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?
What type of contract did the defendant's letter propose to Petterson?
What type of contract did the defendant's letter propose to Petterson?
An offer for a unilateral contract can be withdrawn only after the requested act has been fully performed.
An offer for a unilateral contract can be withdrawn only after the requested act has been fully performed.
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?
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 ______.
Match the legal scenarios with the principle of offer revocation they illustrate:
Match the legal scenarios with the principle of offer revocation they illustrate:
What was Petterson intending to do when he approached the defendant?
What was Petterson intending to do when he approached the defendant?
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.
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?
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.
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?
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.
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?
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 ______.
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?
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:
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.
What was the primary point of contention regarding the defendant's agreement?
What was the primary point of contention regarding the defendant's agreement?
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?
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.
The judges who concurred with Kellogg, J. are:
The judges who concurred with Kellogg, J. are:
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.
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?
Match the following arguments with the corresponding parties:
Match the following arguments with the corresponding parties:
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"
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.
Flashcards
Petterson v. Pattberg
Petterson v. Pattberg
A legal case concerning the payment of a mortgage and real estate sale.
Defendant
Defendant
The party in a legal case who is accused or sued.
Executrix
Executrix
A female executor appointed to carry out a will.
Mortgage
Mortgage
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Bond
Bond
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Payment Agreement
Payment Agreement
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Principal
Principal
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Loss Claim
Loss Claim
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Defendant's Offer
Defendant's Offer
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Inducement
Inducement
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Act of Payment
Act of Payment
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Binding Promise
Binding Promise
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Consideration
Consideration
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Formal Tender
Formal Tender
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Misinterpretation
Misinterpretation
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Good Faith
Good Faith
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Withdrawal of Offer
Withdrawal of Offer
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Legal Enforcement
Legal Enforcement
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Unilateral Contract
Unilateral Contract
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Condition Precedent
Condition Precedent
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Offer Revocation
Offer Revocation
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Tender of Payment
Tender of Payment
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Defendant's Promise
Defendant's Promise
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Act Requested
Act Requested
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Knowledge of Revocation
Knowledge of Revocation
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Binding Obligation
Binding Obligation
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Promise Lacking Consideration
Promise Lacking Consideration
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Duty to Accept Payment
Duty to Accept Payment
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Withdrawal Before Acceptance
Withdrawal Before Acceptance
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Cause of Non-Performance
Cause of Non-Performance
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Actual Knowledge of Withdrawal
Actual Knowledge of Withdrawal
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Expired Offer
Expired Offer
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Study Notes
Petterson v. Pattberg Case Summary
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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.
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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.
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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.
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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.
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