Forget your password? Don't worry.
×Alden v. Vernon Presley
Tennessee Supreme Court | 637 S.W.2d 862 (1982)
A promise is not enforceable under a theory of promissory estoppel unless one’s reliance thereon is reasonable and detrimental.
Aller v. Aller
New Jersey Supreme Court | 40 N.J.L. 446 (1878)
A seal upon a contract is presumptive evidence that consideration is valid, but the presumption can be rebutted by evidence that there is no consideration.
Aluminum Company of America v. Essex Group, Inc.
United States District Court for the Western District of Pennsylvania | 499 F.Supp. 53 (1980)
A party may seek to excuse its performance under a contract or reformation of the terms of a contract when performance under the original terms would be impracticable.
Anglia Television Ltd. v. Reed
Court of Appeal, Civil Division | 3 All E.R. 690 (1971)
An innocent party may recover expenditures in lieu of lost profits, including those expenditures incurred both before and after the agreement was made.
B & B Equipment Co. v. Bowen
Missouri Court of Appeals | 581 S.W.2d 80 (1979)
A party may rescind a contract when the other party has materially breached the contract.
Blatt v. University of Southern California
Court of Appeal of California | 5 Cal. App. 3d 935 (1970)
A promisee cannot enforce a promise when the induced action or forbearance was not substantial and definite and benefited only the promisee.
Brown v. Oliver
Kansas Supreme Court | 256 P. 1008 (1927)
Parol evidence may be considered to determine an agreement that is part of a transaction, but was not and was not intended to be included in the written document memorializing the transaction.
Bush v. Canfield
Supreme Court of Errors | 2 Conn. 485 (1818)
When a party pays an advance under a contract for the delivery of goods, the proper measure of damages in the event of breach is to refund the advance.
Byers v. Federal Land Co.
United States Circuit Court of Appeals for the Eighth Circuit | 3 F.2d 9 (1924)
A party cannot make a material misrepresentation regarding his opinion of the value of property when the value is largely speculative, that party does not have superior knowledge, and there is no special reliance upon the representation.
CBS, Inc. v. Ziff-Davis Publishing Co.
Court of Appeals of New York | 553 N.E.2d 997 (1990)
A buyer is not required to establish reliance upon the terms of the contract to which he now objects and may maintain his action upon a breach of an express warranty regarding those terms.
Chirichella v. Erwin
Court of Appeals of Maryland | 310 A.2d 555 (1973)
The specification of the date of closing in a real estate contract is not a condition precedent.
Cloud Corp. v. Hasbro Inc.
United States Court of Appeals, Seventh Circuit | 314 F.3d 289 (2002)
A writing modifying the quantity of a contract for goods can be enforceable if there are sufficient writings evidencing the contract, when the seller of specially manufactured goods has partially performed, or when there is sufficient confirmation of a contract.
CNA & American Casualty v. Arlyn Phoenix
District Court of Appeal of Florida | 678 So. 2d 378 (1996)
A party cannot enforce a personal services contract when the other party to the contract has died.
Cohen v. Cowles Media Co.
Minnesota Supreme Court | 457 N.W.2d 199 (1990)
One cannot rely on the doctrine of promissory estoppel when a news organization has broken a promise for anonymity.
Cohen v. Cowles Media Co.
Minnesota Supreme Court | 479 N.W.2d 387 (1992)
Under promissory estoppel, injustice can be prevented by awarding damages to a confidential source when a news organization has broken a promise of anonymity.
Cumbest v. Harris
Mississippi Supreme Court | 363 So.2d 294 (1978)
Specific performance is generally not awarded when the subject of the agreement is personal property, but there are three exceptions to the general rule: (1) when a damage award would not be an adequate remedy, (2) when the personal property has “peculiar, sentimental or unique value,” and (3) when such personal property is not easily obtainable because it is rare.
Dallas Cowboys Football Club v. Harris
Texas Court of Civil Appeals | 348 S.W.2d 37 (1961)
A clause in a contract enjoining a party from performing for others will be enforced if the breaching party possesses “exceptional and unique knowledge, skill and ability in performing the service called for in the contract.”
Duff v. Russell
Superior Court of New York City | 14 N.Y.S. 134 (1891)
A party breaching a contract for personal services may be enjoined from providing like services under another contract, even when there is no explicit language to enjoin such future agreements.
Dyer v. National By-Products Inc.
Iowa Supreme Court | 380 N.W.2d 732 (1986)
Forbearance from filing a legal claim that has no merit, but one in good faith believes is valid can constitute valuable consideration.
Federal Deposit Insurance Corp. v. Barness
United States District Court for the Eastern District of Pennsylvania | 484 F. Supp. 1134 (1980)
An agreement that lacks consideration and explicitly provides that the signer intends to pay money is not enforceable because it does not evidence the signer’s intention to be legally bound.
