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Contract Law

  • Compare/Contrast U.E Cases

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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…

  • Promissory Estoppel

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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…

  • Illusory Contracts and the Concept of Mutuality

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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…

  • Consideration and Forbearance

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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…

  • Sullivan v. O’Connor

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    https://xkcd.com/738/ Sullivan v. O’Connor Supreme Judicial Court of Massachusetts, 1973 363 Mass. 579 , 296 N.E.2d 183. My case brief: http://bit.ly/2MDgSgn This is a case about plastic surgery gone terribly wrong. My colleague, Andrew San Jose, brought up an intriguing point: To win this case, you, the lawyer, essentially have to roast your client in front…

  • Expectancy, Restitution, Reliance

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    image: https://xkcd.com/616/ Expectancy, Restitution, and Reliance are probably the scariest words uttered during this past first week of 1L (besides cold call). But they shouldn’t be. Most explanations I’ve seen are ridiculously convoluted. Here’s how it works: Expectancy (Agreement w/Consideration): What would you have received had the contract been completed? Essentially, what did you expect? Restitution…