The Domain of Legally Enforceable Promises
A father's promise to pay someone who cared for his adult son was not enforceable because the benefit was past and given without expectation of payment, making the promise based only on moral obligation, not valid consideration
The court held that a contract existed because the employer's outward words and actions would lead a reasonable person to believe the employment was renewed, illustrating the objective theory of assent, not the employer's secret intent
What is Embry v. Hargadine-McKittrick?
Covers contract modification, waiver, and conditions, explaining how agreements can be changed, rights waived, or remedies adjusted by mutual assent and good faith
What is Restatement Sections 209-216?
The court held that extrinsic evidence can be used to interpret ambiguous contract terms, emphasizing intent and context over strict textual meaning
What is PG&E v. G.W. Thomas Drayage?
This state is where Professor Heyman lives in
What is New York?
A promise to pay was enforceable because the promisor received a material, lifesaving benefit, and the subsequent promise was supported by that material benefit + moral obligation, fitting the material benefit rule
What is Webb v. McGowin?
Acceptance is a promise in return for a promise
What is a bilateral contract?
Written goods contracts can't be contradicted, but consistent extra terms may be added.
What is UCC Section 2-202?
This occurs when a party uses improper pressure, threats, or coercion to induce another to agree to a contract, potentially making it voidable due to duress
What is wrongful threat?
This is where her husband works (the name of the city)
What is Manhattan?
Allows a promise to be enforced even without consideration when someone reasonable relies on the promise to their detriment, and enforcing it is necessary to avoid injustice
What is promissory estoppel?
Acceptance is performance of an act requested by the offeror
What is a unilateral contract?
A promise to pay for past services was not enforceable because the services were already performed, so there was no bargained-for consideration
What is Thompson v. Libbey?
This means the person agreeing to a contract had no practical choice but to comply, supporting a claim of duress
What is lack of reasonable alternative?
This religion is what Professor Heyman practices
What is Judaism?
1. Promise
2. Reasonable, foreseeable reliance
3. Actual detrimental reliance
4. Enforcement needed to avoid injustice
What are the elements of promissory estoppel or restatement section 90?
An acceptance is effective when sent, not when received, if authorized means are used.
What is the mailbox rule?
The court held that an insurance company's promise to pay could be enforceable if the insured reasonably relied on it to their detriment, illustrating promissory estoppel principles.
What is Taylor v. State Farm?
This occurs when a party is forced to contract due to wrongful economic pressure, leaving no reasonable alternative, making the contract voidable
What is economic duress?
This is her husband's career
What is an attorney?
Means the promisee's this on a promise is something a this type of person would do under the circumstances, making it justified and predictable to the promisor
What is reasonable reliance?
1. Defines when a manifestation of willingness constitutes an offer
2. Explains that advertisements and invitation are usually not offers
3. Details how offers end (revocation, rejection, lapse, death, illegality)
4. Performance requested creates a binding option contract if the offeree begins performance
5. Acceptance must be made in a manner invited or required by the offer
6. Defines when acceptance is effective, including the mailbox rule.
These cover offers, invitations, acceptance, termination, and timing rules
What is the Restatement Sections 24, 32, 36, 45, 50, 63?
The court held that a promise to pay a bonus was enforceable because the employee relied on the promise and performed work, illustrating promissory estoppel
What is Sherrod v. Morrison-Knudsen?
These are voidable if one party agrees to change a contract because of threats or wrongful pressure, rather than voluntary consent
What are modifications under duress?
Prior to COVID-19, this is how many days Professor Heyman lived in Rhode Island
What is 2 days?