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When can an offer be withdrawn? Before the acceptance of the offeree. FIRAC stands for Facts, Issues, Rules, Analysis, Conclusion Brainpower Read More What are "the facts"? Who sues whom. Why? What happened? Procedural posture. Tell the story. Procedural Posture How did the case get from the trial courts to the court writing the opinion. (trial court > appellate court) What four things need to be covered when stating procedural posture?
- What court is issuing the opinion?
- Which party is seeking relief?
- What sort of motion is at issue?
- What was the disposition of the lower courts? "Issue" means what? Issue is referring to the I in FIRAC. This term is suppose to make you state what is being fought over and decided by the court. "Rules" means what? Rules is referring to the R in FIRAC. This refers to guide the courts decision as a matter of fact. This often involves previous cases and statutes. "Application / Analysis" means what? Application / Analysis refers to the courts reasoning and how the decision is made. What four things must be included in the application / analysis?
- What argument does the plaintiff make.
- What argument does the defendant make.
- How did the court respond to those arguments?
- Why did the court rule the way it did? "Conclusion" means what? The outcome of the courts ruling. Includes damages. What should you reformulate in the conclusion? You should reformulate the issue by answering it in the conclusion.
Offer A proposal made by one party that he/she is willing to enter a contract. Acceptance Unqualified agreement by the offeree to be bound by the offer is known as Which is a falce statement about a unilateral offer? An offer that cannot be withdrawn. What is an offeree? Person to whom the offer is made and whom now has the power of acceptance. What is an offerer? Person who makes the offer and now has the power to control the offer. In the context of contract law, which of the following scenarios is an example of an illusory promise? Phyllis promises to bake cookies for the office party, but only if she feels like it on the day of the event. No, one cannot promise to "give up" something that he/she does not have the legal right to do and it be consideration for a legally binding contract. Is a contract formed if the promisee offers the promisor $ in the exchange for the promisee withholding to engage in behavior that is not his legal right to do. (I will give you $100, if you refrain from stealing from your mom.)
Yes, because the company is paying a bargained-for, valuable amount to rent the office space. A company is negotiating a contract to lease an office space in a prestigious downtown building. The standard market rate for similar office spaces in the area is $5,000 per month. However, due to a long-standing business relationship, the company secured the lease for only $3,000 per month. The previous year, the company had leased the same office space for $2,500 per month. Does adequate consideration support the contract for the office space lease? No, it is an invitation because no performance is promised in return for something requested. You place an ad in the Newspaper as follows: "For sale, one-acre plot off County Road 7, $5,000 minimum bid." Would this advertisement be considered an offer? No, because this is a gratuitous promise Aaron is at dinner with his friends. They order five drinks and are a little intoxicated. While they were joking around, Aaron's friends promise to buy him new shoes if he gets all As this semester. They shake on the offer. Aaron works really hard in the semester and gets all As. When he sees his friends again, he demands that they buy him new shoes. The friends refuse. If Aaron sues his friends, is he likely to win? No, because the man did not know of the reward offer at the time he returned the wallet. When a woman's wallet went missing, she posted a missing flier on Facebook. The flier offered a $50 reward for anyone who returned her wallet with all the cash back
The agreement will not be enforced absent some rationale to enforce the promise without consideration. Promises made out of a sense of moralobligation or honor lack consideration as held in most states. A completed gift promise is not revocable Damages the remedy sought. True A contract must be supported by consideration. True Waiver of a legal right at the request of another party is consideration. True It does not matter whether or not the thing promised is a benefit. True Plaintiff argued that abstaining from drinking, smoking, etc. served as consideration.
True Court responded that a rule requiring a court to determine whether a promise benefits a party would be intolerable and will not be followed. True Court finds the nephew's restriction of his "lawful freedom of action" was consideration. A common law form of legal action available to a plaintiff who claims that a contract has been breached. Which of the following choices best explains the term "assumpsit," as used in Hawkins v. McGee? $6, $50, $ Buyer and Seller contract for the sale of 1,000 barrels of oil (carefully specified as to grade, etc.) at a price of $50 a barrel, payment and delivery in 90 days. On the payment/delivery date, oil is selling at $44 a barrel and Buyer refuses to go through with the transaction. How much can Seller, injured party, recover? It is often difficult to determine whether words of condition in a promise indicate a request for consideration or state a mere condition in a gratuitous promise. According to legal experts in contract law, if I say to you: "If you go over to the bookstore there, you may purchase a sweatshirt on my credit":
Is there consideration in this case? Yes. There are clear definitive terms in this promise, therefore considering exists due to a bargained-for-exchange agreement. If the employee voluntarily retires, he/she expects to receive $200 for life. Compare to Feinberg the following example of different types of promises: (a) "If you will voluntarily retire, I will give you a pension of $200 per month for life." Is there consideration in this case? There must be agreement on essential factors necessary to establish a contract between the parties. which of the following elements is not required in order for the doctrine of promissory estoppel to apply? Invitations to Negotiate Allen's, a furniture store, advertises Belissimo Italian leather sofas (red, black, brown, or beige) for sale at $799. Offers or Invitations to Negotiate? Offer Same as before, but in addition, circular contains the words "Out they go Saturday; First Come First Served". Offer or Invitation to Negotiate? Offer Collector of classic novels advertises that she will pay $5 for every copy of a Jane Austen book that may be sent to her.
Offer or Invitation to Negotiate? Offer The following appeared in the Gazette, "$1000 reward will be paid by Pill Co. to anyone who continues to suffer from back pain after using our pills according to the directions. $10,000 is deposited with Big Bank to show our sincerity." Offer or Invitation to Negotiate? No Acceptance Shazza offers her services as a journalist, but states "if Jones Publishing desires to accept this offer, the acceptance must bear the signatures of all members of the Executive Publishing Board." Jones Publishing sends its acceptance signed by only the Board Chairman. No Acceptance Frank Abbott, a senior partner in the law firm of Abbott and Abbott, provides a letter of employment and hands it to Darcy. The letter states that "This contract is not binding until accepted by signature of the managing partner of Abbott and Abbott. " Darcy signs the letter and hands it back to Frank Abbott, who also signs. Acceptance George's Restaurant is in need of repairs after a brawl broke out between Cleaver and Darcy and offers the work to London Construction, stating "This offer may be accepted by return mail." Pamela, the owner of London Construction immediately takes the acceptance over to George's Restaurant personally. No, because the consideration was adequate, and there was consensus ad idem.
It does not matter whether or not the thing promised is a benefit T/F True The analysis section of your brief includes, among other things, the plaintiff's best arguments T/F True The analysis section of your brief includes, among other things, the defendant's best arguments T/F True The analysis section of your brief includes, among other things, the court's explanation of why it ruled the way it did. T/F True The analysis section of your brief includes, among other things, all narrative facts. T/F False The analysis section of your brief includes, among other things, the court's response to the arguments of the plaintiff and the defendant. T/F True How long should a typical issue statement issue be? One sentence
How many issue statements should you have for any given case? It depends on the case. Some cases have more than one issue, and will require issue statements for each issue. Which is the best description of an issue statement? An issue statement describes the question the court is deciding in the opinion. Dispositive Fact a fact that, if proven with necessary certainty, resolves a legal dispute on its own./ fact providing final resolution What should an issue statement include? An issue statement should include both dispositive facts and key legal language. What does Professor Erwin also call the Conclusion section of a brief? The holding Which part of your brief will you reformulate to arrive at the holding? The issue What is the most appropriate size for the conclusion section of your brief? The conclusion reformulates the issue, so you'll need about a sentence for each issue.
The agreement will not be enforced absent some rationale to enforce the promise without consideration. What rule did the court follow in reaching its decision in Feinberg v. Pfeiffer Co.? A promise which the promisor should reasonably expect to induce action or forbearance on the part of the promisee and which does induce such action or forbearance is binding if injustice can be avoided only by enforcement of the promise. Which of the following choices best explains the term "estoppel"? A legal principle that bars a party from denying or alleging a certain fact owing to that party's previous conduct, allegation, or denial. Consideration Consideration is a promise, performance, or forbearance bargained by a promisor in exchange for their promise. (a) "If you agree to continue working for me, I'll give you a fair share of the profits at the end of the year." Is there consideration in this case? No. There is no valid offer here due to lack of clear definitive terms, such as how much a fair share of the profits represents. Therefore, there is no clear consideration. "If you will voluntarily retire, I will give you a pension of $200 per month for life."
Yes. There are clear definitive terms in this promise, therefore considering exists due to a bargained-for-exchange agreement. If the employee voluntarily retires, he/she expects to receive $200 for life What statement below best states the issue addressed by the court in Wood v. Lucy, Lady Duff-Gordon? Was plaintiff Wood's promise illusory and therefore not supported by consideration, since it did not obligate him to take any positive action or do anything of an affirmative nature whatsoever? Illusory Promise a promise that is unenforceable due to indefiniteness or lack of mutuality, where only one side is bound to perform. What do you think Justice Cardozo means by his use of the term "sacred talisman" in the following sentence: "The law has outgrown its primitive stage of formalism when the precise word was the sovereign talisman, and every slip was fatal It takes a broader view to-day. A promise may be lacking, and yet the whole writing may be 'instinct with an obligation,' imperfectly expressed." Precise words are not required for a contract to be enforceable in modern courts. How do you think the court would have ruled in Lucy if Lucy, the buyer of Ferguson Farms, had known that Zehmer, the seller, was just kidding? Lucy would not be entitled to specific performance or damages. Specific Performance
(signed)"Owen Owner" Upon receiving Owner's letter, Roofer begins to repair the roof. Which of the following statements is correct? A binding contract has been formed. According to the court in Ever-Tite Roofing, a "reasonable time" is defined as: A question of fact depending on the nature of the contract proposed. Allen's, a furniture store, advertises Belissimo Italian leather sofas (red, black, brown, or beige) for sale at $799. Offers or Invitations to Negotiate? Invitations to Negotiate ame as before, but in addition, circular contains the words "Out they go Saturday; First Come First Served". Offer or Invitation to Negotiate? Offer According to the court in Hoffman v. Red Owl Stores, Inc., which of the following elements is not required in order for the doctrine of promissory estoppel to apply? There must be agreement on essential factors necessary to establish a contract between the parties. Adequate Consideration when there is a clear and understood exchange of value in a contract
