Jess Miers
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This is my answer to the practice midterm. As always, my contracts session is Wednesdays 5pm Charney 338. Hypo Whether Mel can recover from Wicked’s breach will turn on the trier of fact’s determination as to whether the contract here is enforceable. Though we have a sale of property, because the contract was verbally discussed,…
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Guest Post By Santa Clara University School of Law 1.5L, Sarina Jwo NIM Plastics Corp. v. Standex International Corp. In the land of Contracts, there are two main building blocks of law: common law and the Uniform Commercial Code. They’re DIFFERENT. Which do you apply? At a glance, it’s simple: if it’s a sale of…
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Everything except the personal jurisdiction chart has been verified by our Professor. DIVERSITY FLOW CHARTPERSONAL JX FLOWCHARTREMOVAL JX FLOWCHART
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Calvin and Hobbes by Bill Watterson Task: Compare and contrast the eight cases for Unjust Enrichment. Note, this is not the assignment I turned in as I had to shorten that one to two pages. This is the full version: Bloomgarden V. Coyer Utility Bloomgarden serves as an introduction to unjust enrichment (U.E) and the…
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If you haven’t heard of impostor syndrome yet, Alex really summed it up well here I’m not sure what it is specifically about law school but for some reason it makes us lose our minds and forget all of the lessons we learned over our MANY years of previous schooling. Should we do…
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Guest Post by Santa Clara Law 1L and Colleague: Phil Fox An easy way to remember what promissory estoppel is could be to look at the first word and remember “promise.” Simply and quickly put, promissory estoppel is justified reliance on a promise. Broken down: Justified: a reasonable person would do the same based on…
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(I host a review session in Charney 338 on Wednesdays at 5pm. Join us!) This is a long post so: Tldr; If your client needs you to get them out of some ass-backwards contract they stumbled into, your point of attack is to prove the contract is illusory. How? lack of mutuality and lack of…
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https://xkcd.com/501/ If there’s anything we’re supposed to take away from Contracts this semester, it’s that you cannot form a contract without a bargain for consideration. When creating a contract, there must be a negotiation between the promisor and the promisee. If I were to give you a promissory note that says in two years, I’ll…
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A collection of case briefs from myself and other 1L colleagues! If you would like to add your briefs to the collection, please message me on Facebook (Jess Miers) or email: miersjessica@gmail.com and I’ll send you the drive link for posting. Assault and Battery Trespass
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A collection of case briefs from myself and other 1L colleagues! If you would like to add your briefs to the collection, please message me on Facebook (Jess Miers) or email: miersjessica@gmail.com and I’ll send you the drive link for posting. Remedies Consideration Mutuality Promissory Estoppel Unjust Enrichment
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