Forget your password? Don't worry.
×Alaska Packers’ Ass’n v. Domenico
United States Court of Appeals for the Ninth Circuit | 117 F. 99 (1902)
Where parties enter a new agreement under which one party agrees to do no more than he was already obligated to do under an existing contract, the new agreement is unenforceable for lack of consideration.
Allied Steel and Conveyors, Inc. v. Ford Motor Co.
United States Court of Appeals for the Sixth Circuit | 277 F.2d 907 (1960)
Where an offer prescribes a preferred method of acceptance, but not an exclusive method of acceptance, that does not preclude acceptance by other methods.
Armendariz v. Foundation Health Psychcare Services, Inc.
Supreme Court of California | 6 P.3d 669 (2000)
An arbitration agreement imposed on an employee through an adhesive employment relationship is unenforceable as unconscionable where the employee, but not the employer, is required to arbitrate all claims arising out of wrongful termination.
Bayliner Marine Corp. v. Crow
Supreme Court of Virginia | 509 S.E.2d 499 (1999)
A merchant’s opinion about a product’s potential performance does not create an express warranty that the product will conform to that description.
Bel-Ray Co. v. Chemrite (Pty) Ltd.
United States Court of Appeals for the Third Circuit | 181 F.3d 435 (1999)
Violation of a contract provision that limits assignment of the agreement will not render the assignment void unless the provision specifically states that failure to comply renders the assignment void.
Bollinger v. Central Pennsylvania Quarry Stripping and Construction Company
Supreme Court of Pennsylvania | 229 A.2d 741 (1967)
A court of equity has the authority to reform a written contract in order to conform it to the mutual understanding of the parties, even when one of the parties denies that a mistake was made.
Bovard v. American Horse Enterprises, Inc.
Court of Appeal of California, Third District | 247 Cal.Rptr. 340 (1988)
A contract otherwise legal, but which facilitates an illegal activity, may be considered void as against public policy.
Britton v. Turner
New Hampshire Supreme Court of Judicature | 6 N.H. 481 (1834)
Where an employee voluntarily breaches a contract for labor by failing to continue the agreed employment, the employee is entitled under quantum meruit to the reasonable value of the services provided, unless the contract specifically provides otherwise.
C.R. Klewin, Inc. v. Flagship Properties, Inc.
Supreme Court of Connecticut | 600 A.2d 772 (1991)
A contract does not fall within the statute of frauds’ one year provision unless, by the specific terms of the contract, it is impossible for performance to be completed within one year.
Callano v. Oakwood Park Homes Corp.
Superior Court of New Jersey | 219 A.2d 332 (1966)
A quasi-contract based on unjust enrichment can be implied by law only when there is no other remedy available.
Campbell Soup Co. v. Wentz
United States Court of Appeals for the Third Circuit | 172 F.2d 80 (1948)
Specific performance may be awarded for the sale of chattels when a legal remedy would be inadequate.
Carnival Cruise Lines, Inc. v. Shute
United States Supreme Court | 499 U.S. 585 (1991)
Reasonable forum selection clauses are legally enforceable even if the clauses were not the product of negotiation between the corporation and the consumer.
Central Ceilings, Inc. v. National Amusements, Inc.
Appeals Court of Massachusetts | 873 N.E.2d 754 (2007)
An agreement does not come within the Statute of Frauds’ requirement that a promise to pay the debt of another be in writing when the main purpose of the promise to pay the debt of another is to gain a benefit for the promisor.
Chemical Bank v. Rinden Professional Association
Supreme Court of New Hampshire | 498 A.2d 706 (1985)
Under the Uniform Commercial Code as enacted in Massachusetts, a buyer, who is not a consumer, may waive its claims and defenses against an assignee where the assignment was made for value, in good faith and without notice of claims and defenses.
Colfax Envelope Corp. v. Local No. 458-3M
United States Court of Appeals for the Seventh Circuit | 20 F.3d 750 (1994)
Where the parties to an agreement have conflicting understandings of an essential term due to a mutual mistake or latent ambiguity, and neither party is more to blame than the other, the parties may rescind the contract.
Columbia Nitrogen Corp. v. Royster Co.
United States Court of Appeals for the Fourth Circuit | 451 F.2d 3 (1971)
Evidence of course of dealing and trade usage is admissible to supplement and explain a contract as long as the proffered evidence can be reasonably construed as consistent with the terms of the written agreement.
Corinthian Pharmaceutical Systems, Inc. v. Lederle Laboratories
United States District Court for the Southern District of Indiana | 724 F.Supp 605 (1989)
Under U.C.C. § 2-207, acceptance can be made by shipment of non-conforming goods unless the non-conforming goods are accompanied by a notice indicating that the non-conforming goods are offered as an accommodation.
Cosden Oil & Chemical Co. v. Karl O. Helm Aktiengesellschaft
United States Court of Appeals for the Fifth Circuit | 736 F.2d 1064 (1984)
Under the Uniform Commercial Code as enacted in Texas, a buyer’s damages for the seller’s anticipatory repudiation of a contract are to be measured a reasonable time after repudiation occurs.
Cotnam v. Wisdom
Supreme Court of Arkansas | 104 S.W. 164 (1907)
Where there is no agreement on which the court may enforce a contract between the parties, as where physicians render services to persons who are unable to contract due to their condition, the court may use the legal fiction of a quasi-contract to require payment for those services.
Cundick v. Broadbent
United States Court of Appeals for the Tenth Circuit | 383 F.2d 157 (1967)
A contract entered by a party claiming to be mentally deficient is not void, but voidable by the mentally deficient person if that person lacked sufficient reason to understand the nature and effect of his or her actions regarding the contract, unless there is evidence of fraud or overreaching by the other party.
