Well-known private law cases such as Hadley v. Baxendale, Palsgraf, Pierson v. Post, and Carlill: facts and rules.
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- In Hadley v. Baxendale, what business did the plaintiff operate?
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A grain mill powered by a steam engine.
- Under Hadley v. Baxendale, what is the rule for damages foreseeability?
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Damages must be reasonably foreseeable at the time of contract formation as the probable result of breach.
- In Carlill v. Carbolic Smoke Ball, what did the defendant advertise?
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A medicinal smoke ball product claimed to prevent influenza.
- Under Carlill v. Carbolic Smoke Ball, was the advertisement an offer or mere puffery?
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It was a binding offer because it was sufficiently definite and showed intent to be bound by specific performance.
- In Lucy v. Zehmer, what property did the parties discuss selling?
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A farm called Ferguson Farm, for a stated price of 50,000 dollars.
- Under Lucy v. Zehmer, what governs whether parties are contractually bound?
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The objective manifestation of intent to be bound, not the subjective or hidden intent of the parties.
- In Williams v. Walker-Thomas Furniture, what type of contracts did the seller use?
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Standard form adhesion contracts with low-income buyers, often containing unfavorable terms.
- Under Williams v. Walker-Thomas Furniture, when can a court refuse to enforce a clause?
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When the clause is unconscionable, meaning it is both procedurally unfair and substantively oppressive at the time of formation.
- In Raffles v. Wichelhaus, what goods were the parties contracting to exchange?
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Cotton to be shipped on a vessel called the Peerless from Bombay to Liverpool.
- Under Raffles v. Wichelhaus, what happens when both parties are mistaken about a material term?
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There is no contract if mutual mistake occurs regarding a material fact, because the parties did not reach true agreement.
- In Hawkins v. McGee, what did the defendant doctor promise to do?
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To make the plaintiff's severely burned hand 100 percent perfect through surgical repair.
- Under Hawkins v. McGee, how are expectation damages calculated for broken professional promises?
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As the difference between the promised value of performance and the actual value of what was delivered.
- In Hamer v. Sidway, what did the uncle promise to pay his nephew for?
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Refraining from drinking alcohol, smoking, and gambling until the age of 21.
- Under Hamer v. Sidway, is forbearance from a legal act sufficient consideration?
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Yes, a promise to refrain from a legal right or privilege constitutes valid consideration, even without benefit to the promisor.
- Under Jacob & Youngs v. Kent, what is the doctrine of substantial performance?
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A party that substantially performs a contract may recover the contract price minus the cost to fix defects, even if performance does not exactly match specifications.