Totem Marine Tug & Barge, Inc. v. Alyeska Pipeline Service Co.
Alaska Supreme Court
584 P.2d 15 (1978)
Totem Marine Tug & Barge, Inc. (Totem) (plaintiff) entered into a contract with Alyeska Pipeline Service Co. (Alyeska) (defendant), whereby it agreed to transport pipeline construction materials from Texas to Alaska. Totem chartered a barge in order to perform under the contract. Performance was due August 15. While performing, Totem experienced numerous delays. By September 14, Totem had not yet reached Alaska. Alyeska terminated the contract. Following termination, Totem began pressing Alyeska for payment. Alyeska told Totem that it did not know when payment would be made and that it could take as long as six to eight months. Totem was facing financial trouble, including possible bankruptcy. Totem informed Alyeska of its financial situation. Alyeska acknowledged that it owed the amount due according to Totem’s invoices, but settled with Totem for approximately one third of that amount. In exchange for the settlement, Totem released Alyeska from all claims. Totem filed suit against Alyeska, seeking to rescind the settlement and release due to economic duress and recover money owed under the invoices. Alyeska filed a motion for summary judgment, arguing that the release precluded Totem’s claim. The trial judge granted Alyeska’s motion. Totem appealed.
Rule of Law
Holding and Reasoning (Burke, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 166,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.