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25 Cards in this Set
- Front
- Back
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Leanwee County Board of health v. Messerly
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Both parties assumed income-generating property, broken sewage system. mutual mistake that changes the subject and affects the character "FOR ALL TIME".
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Taylor v. Caldwell
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Fire before concert. Neither party is at fault.
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Force majeure
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Excuses from performance when act God, fire, terrorism, etc.
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Impossibility elements
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1. K impossible to perform
2. No one is at fault |
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Bell v. Carver
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Company has to put AC / heat into restaurant. No fault fire.
Performance excused. Got paid under unjust enrichment, not K. |
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Davis v. Skinner
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Insurance made everyone whole, and insurer bears the risk of loss. Seller is a trustee for the buyer for insurance money.
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Uniform Vendor and Purchaser Act
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Risk of loss falls on seller unless title OR possession transfer. Seller keeps both during closing period. (CA, NY have, but 1/4 states)
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2-509 UCC (bearing risk)
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Buyer doesn't assume until receipt of goods or tenure of delivery.
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Canadian Industrial Alcohol Co. v Dunbar Molasses Co.
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(Before UCC)
Molasses middle-man couldn't get enough from factor to fill K. Tried to get out w/ impossibility. It was impossible, but it was his fault. No impossibility. |
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Sutter squib on alternate interpretations.
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Go to what is fair if there are alternate explanation.
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Requirements for Mutual Mistake
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a) mistake
b) mutual c) Goes to substance of whole K |
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Requirements for impossibility
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a) impossible
b) no fault |
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Impracticability
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a) impracticable
b) No fault |
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Marcovich Land Corp. v. J.J. Newberry Co.
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Express allocation of risk that building has to be rebuilt if fire. If owner can't it is his fault he didn't insure.
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Mineral Park Land Co. V. Howard
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gravel sinks below water, can't be removed by ordinary means. Ib Thinks mutual mistake, gravel was b4 contract was formed. WI standard would make them take gravel. MI probably not enough either. 10x is rule of thumb for impracticability
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cost to qualify as impractical
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10x is good rule of thumb
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Trans-Atlantic Financing v. US
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Canal shut down due to war. Going around cost was only 2x expensive. So not impractical.
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Krell v. Henry
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big bucks to watch coronation, ceremony cancelled. Frustration of purpose.
1) toal/close frustration of purpose? 2) purpose known to both parties. 3) unforeseeable event. |
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Frustration of purpose requirements
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1) Total or close to total frustration of purpose.
2) Purpose must be known to both parties. 3) has to be an unforeseeable event. |
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How to you determine what is foreseeable?
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Sort of an objective standard. what would a reasonable person consider foreseeable?
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Lloyd v. Murphy
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Guy leases car store, gov't puts ban on sale of civilian cars.
1) superseding event 2)Still possible 3) is purpose frustrated? - NO making less money isn't a frustration of purpose unless it is WAAAAy less. 50k to 10k 4) purpose was known to both 5) was foreseeable that cars would be rationed. |
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Language for condition
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"warranted to"
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White v. Corlies
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offerer wanted "upon acceptance, writer will call again" <-- specific means of acceptance. Not "a case of doubt" as defined in restatement.
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Restatement & Ucc "doubt of manner of acceptance"
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Restatement: "I accept" or start doing it.
UCC: "commercial reasonableness for acceptance" |
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Condition or a promise?
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1) express terms
2) willful breach 3) juxtaposition of language 4) forefiture 5) Roof of bargain |
