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Butler v. Sussman
Replevin will not lie for property lawfully in the possession of another until a proper demand has been made for its delivery.
If the defendant’s behavior constitutes an affirmative attempt to establish title of the property (under the Acts of Burns through a redelivery bond), then D waived their right for plaintiff’s demand.
What is grand theory and what is formalism
Grand Style: Incorporating policy to see the bigger picture= “situation sense”
Using cases to support propositions, not just stating rule and strictly applying cases to the rule
Formal Style: Stating a rule and strictly applying the case at hand to that rule
Lists case after case without discussion of the specific facts
Bluemner
Formalism
Indefinite terms: Fair share of commissions
Rule: A promise to pay a fair share of commissions is too vague and indefinite to be enforced under formal contract theory, but with appropriate factual evidence, can be enforced under QM
If agreement is so uncertain and ambiguous that court is unable to tell parties’ intentions to enforce, then cannot enforce because there is no obligation (UP)
Oscar I
Grand Theory
Indefinite terms: Amount of goods to be furnished
Rule: If a party plans on defaulting on the terms of the agreement, that party is liable for the costs incurred by the other party for misinformation regarding this breach
Virginian Railway v. Armentrout
Liability only for acts that are the proximate cause of injury (Negligence)
Outcome: Expands Hadley
A baby lacks the mental capacity to respond to any signal which might have been hidden by the train, the engineer’s failure to sound any signal was not the proximate cause of the infant’s injuries, and the railway should not be held liable
Duke
Rule: Equitable relief can be used to recover unique property that cannot be compensated by damages and the return of which must be in the exact form.
Equity is proper where a law is lacking in that it cannot compel a party to restore an object to its rightful owner in original condition
Treasure Trove Doctrine: finder of treasure has a superior interest against anyone except the true owner
Wakeman
grand Theory
Indefinite terms: Price; Length of trip; Delivery; type of machines
Rule: The damage must not be merely speculative, possible, imaginary, but reasonably certain. One who violates a contract is responsible for all damages that follow from the breach
Moran
grand theory
Indefinite terms: Time of adjustment
Rule: Mutuality of obligation can be implied where the parties enter into an agreement; contracts must be construed in the most favorable light to the party who did not write it
Oscar II
Formalism
Overturns Oscar I
Indefinite terms: Quantity of terms
Rule: A requirements contract which imposes no duty upon the purchaser is unenforceable due to lack of mutuality; if the parties are not bound so that either may sue for breach, then neither is bound
In Re Polemis
Liability only for injuries directly caused by negligence. Foreseeability for the type of damages is irrelevant, only looking at if the act is negligent not the foreseeability of the harm
Single foreseeability (rejects Hadley/Krauss)
Dropping the plank was expected to cause some type of harm. Therefore, the Charterers are liable for all damages that directly flow from the act.
Frontier Telephone
An ejectment will lie even if the soil is not touched because a property owner has the right of not only the surface but also the space above and beneath the land.
The wires are an obstruction preventing Butler from his exclusive property rights
Mayer
Formalism
Indefinite terms: Specifics of alterations, specific of performance
Rule: Where two parties enter into an agreement that is conditioned on another agreement to agree, 1st agreement is not binding if the 2nd agreement does not come to fruition
There must be a meeting of the minds: if all of the terms are not negotiated, then the K is not enforceable
Varney
Formalism
Indefinite terms: Fair share
Rule: A promise to give a fair share of profits where there is not a reasonable method for calculating the share is unenforceable because it is too indefinite to determine the reasonable intent of the parties
Heyman
Grand Theory
Indefinite terms: Amount/Time/Price
Rule: When two parties enter into a contract that includes a stated minimum, an option to buy more is considered to be a part of the original contract for sale and therefore, is a valid part of the contract with full consideration
Indefiniteness must reach a point where construction becomes futile
Christianson
Negligent party is liable for all its natural and proximate consequences. Foreseeability is relevant (Polemis)
An employer is responsible for personal injuries that occur when its employees break the rule of following too closely and were the proximate cause of another employee’s injuries.
Krauss
(Hadley rule + Substantial Factor)
Where parties are aware at the time of contract that one party’s breach will result in special damages to the other party, then they are liable and able to recover
Mack I & II
Indefinite terms: Price/ Salary to be paid
Rule: An oral promise to increase the pay that is indefinite as to amount, term, and type is unenforceable because of indefiniteness despite being a part of a fully executed K
Indefinite terms: Satisfactory amount
Rule: There can be no recovery when an arrangement is too indefinite as to provide the court with no basis for determining the parties intent
Quotes UP, no vague or indefinite, need to be certain and explicit
Rubber Trading Co
Grand Theory
Indefinite terms: In the terms of inspection; cardozo implies this is a reasonable inspection term given industry customs
Rule: Where there is a failure to agree on a term of the K, and that term later becomes the subject of disagreement, it does not invalidate the K, where both parties accept and act upon new terms, damages are awarded.
St. Regis Paper
Formalism
Indefinite terms: New term Price
Rule: Where two parties enter into an executory K which expressly reserves the right to cancel the K if the parties fail to agree to an essential term, either party may terminate the K by refusing to agree to that essential term
Hill v. Winsor
Rule:The negligent party will be liable for the injuries arising out of the natural and probable consequences of the negligent action (Polemis)
Outcome:
The boat trying to go under the bridge/ getting too close to the bridge was negligent. The natural and proximate consequence is that someone would get hurt.
Owners of the boat are liable
Hadley
A breach in party is only liable for damages that were reasonably foreseeable at the time the contract was made.
Damages are limited to:
What is fairly and reasonably expected (foreseeable) to arise from the breach OR
If in special circumstances, what is reasonably in contemplation when special facts are communicated at the making of the contract
United Press
Formalism
Indefinite terms: Price terms
Rule: For an executory K to be enforceable, it must be in writing and contain mutually agreed upon terms that are not indefinite and render the parties damages calculable; a K must be certain and explicit in its terms
Anti commercial
Lucy Lady Duff Gordon
Indefinite terms: Consideration / mutuality
Rule: Where mutuality of obligation is not expressly stated in K, it may be implied through the actions of the parties (exclusive contract)
Sun Printing
Formalism- Cardozo decides to get back with toxic ex
Indefinite terms: Price and duration
Rule: If two parties enter into an agreement to agree, then they may also exercise the right not to agree and the could will not impose an agreement upon them
Palsgraf
Rule:Plaintiff must have been in the “zone of danger” to recover damages from a negligent act (rejects Polemis)
Outcome:
Not a case of proximate cause because the P was not in the danger zone of the negligent act of D