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letter of intent
Description:
Arnold Palmer Golf Co. v. Fuqua Industries, Inc.; memorandum agreements may create binding contracts; entire document and the relevant circumstances surrounding the adoption of the agreement must be considered; letter of intent.
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Newsletters: Third Parties, $75
Newsletters: In-House, $50
Presentations: One-time, $50
Presentations: 12 Months, $75
Web Site: 12 Months, $100
Print: Low Circulation (5,000), $100
Print: Medium Circ. (50,000), $150
Print: High Circ. (200,000+), $200
Student Use, $10
Teacher Class Use, $25
The statute of frauds
(
Read case
)
Description:
Cloud Corp. v. Hasbro, Inc.; the statute of frauds does not require that a contract itself be in writing, only that there is adequate documentary evidence of its existence and its essential terms.
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Newsletters: Third Parties, $75
Newsletters: In-House, $50
Presentations: One-time, $50
Presentations: 12 Months, $75
Web Site: 12 Months, $100
Print: Low Circulation (5,000), $100
Print: Medium Circ. (50,000), $150
Print: High Circ. (200,000+), $200
Student Use, $10
Teacher Class Use, $25
covenant not to compete
Description:
Lake Land Employment Group of Akron v. Columber; no new consideration; noncompete agreement; continued employment of an at-will employee is sufficient consideration to support an agreement not to compete; employment at will
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Newsletters: Third Parties, $75
Newsletters: In-House, $50
Presentations: One-time, $50
Presentations: 12 Months, $75
Web Site: 12 Months, $100
Print: Low Circulation (5,000), $100
Print: Medium Circ. (50,000), $150
Print: High Circ. (200,000+), $200
Student Use, $10
Teacher Class Use, $25
Arbitration Agreement
Description:
Washington Mutual Finance Group v. Bailey; illiteracy does not make an arbitration agreement unconscionable
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Newsletters: Third Parties, $75
Newsletters: In-House, $50
Presentations: One-time, $50
Presentations: 12 Months, $75
Web Site: 12 Months, $100
Print: Low Circulation (5,000), $100
Print: Medium Circ. (50,000), $150
Print: High Circ. (200,000+), $200
Student Use, $10
Teacher Class Use, $25
extrinsic evidence
Description:
Interform Co. v. Mitchell; outside evidence; extrinsic evidence will be admitted to show the true intent of the parties to a contract; complete and exclusive statement of the agreement; bill of lading
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Newsletters: Third Parties, $75
Newsletters: In-House, $50
Presentations: One-time, $50
Presentations: 12 Months, $75
Web Site: 12 Months, $100
Print: Low Circulation (5,000), $100
Print: Medium Circ. (50,000), $150
Print: High Circ. (200,000+), $200
Student Use, $10
Teacher Class Use, $25
Nelson v. Elway
Description:
merger clauses bar extrinsic evidence integration clauses preclude the introduction of extrinsic evidence to prove the existence of prior agreements. integration clause
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Newsletters: Third Parties, $75
Newsletters: In-House, $50
Presentations: One-time, $50
Presentations: 12 Months, $75
Web Site: 12 Months, $100
Print: Low Circulation (5,000), $100
Print: Medium Circ. (50,000), $150
Print: High Circ. (200,000+), $200
Student Use, $10
Teacher Class Use, $25
W.W.W. Associates, Inc. v. Giancontieri
Description:
contracts enforced according to clear terms, without use of outside evidence; when the terms of a contract are set out in a clear, complete document, the writing should be enforced according to its terms, lis pendens
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Newsletters: Third Parties, $75
Newsletters: In-House, $50
Presentations: One-time, $50
Presentations: 12 Months, $75
Web Site: 12 Months, $100
Print: Low Circulation (5,000), $100
Print: Medium Circ. (50,000), $150
Print: High Circ. (200,000+), $200
Student Use, $10
Teacher Class Use, $25
Jungmann & Co., Inc. v. Atterbury Brothers, Inc.
Description:
all contractual conditions must be performed before bringing an action for breach a party may not recover on a contract unless that party can show that it has performed all of the conditions required of it. condition precedent condition subsequent
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Newsletters: Third Parties, $75
Newsletters: In-House, $50
Presentations: One-time, $50
Presentations: 12 Months, $75
Web Site: 12 Months, $100
Print: Low Circulation (5,000), $100
Print: Medium Circ. (50,000), $150
Print: High Circ. (200,000+), $200
Student Use, $10
Teacher Class Use, $25
Rouse v. United States
Description:
assumption of another s obligation is also assumption of that person s rights a party who assumes the obligation of another is entitled to raise the same defenses as would have been available to the person whose obligation is assumed.
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Newsletters: Third Parties, $75
Newsletters: In-House, $50
Presentations: One-time, $50
Presentations: 12 Months, $75
Web Site: 12 Months, $100
Print: Low Circulation (5,000), $100
Print: Medium Circ. (50,000), $150
Print: High Circ. (200,000+), $200
Student Use, $10
Teacher Class Use, $25
Slattery v. Wells Fargo Armored Service Corp.
Description:
Pre-existing duty rule; The performance of an existing duty does not amount to the consideration necessary to form a contract.
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Newsletters: Third Parties, $75
Newsletters: In-House, $50
Presentations: One-time, $50
Presentations: 12 Months, $75
Web Site: 12 Months, $100
Print: Low Circulation (5,000), $100
Print: Medium Circ. (50,000), $150
Print: High Circ. (200,000+), $200
Student Use, $10
Teacher Class Use, $25
McMahon Food Corp. v. Burger Dairy Co.
Description:
An accord and satisfaction requires good faith and is a contractual method of discharging a debt; the accord is the agreement; satisfaction is the execution of the agreement.
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Newsletters: Third Parties, $75
Newsletters: In-House, $50
Presentations: One-time, $50
Presentations: 12 Months, $75
Web Site: 12 Months, $100
Print: Low Circulation (5,000), $100
Print: Medium Circ. (50,000), $150
Print: High Circ. (200,000+), $200
Student Use, $10
Teacher Class Use, $25
In re the Marriage of Witten
Description:
Divorcing couples must agree on the use of frozen embryos; agreements entered into at the time of in vitro fertilization are enforceable
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Newsletters: Third Parties, $75
Newsletters: In-House, $50
Presentations: One-time, $50
Presentations: 12 Months, $75
Web Site: 12 Months, $100
Print: Low Circulation (5,000), $100
Print: Medium Circ. (50,000), $150
Print: High Circ. (200,000+), $200
Student Use, $10
Teacher Class Use, $25
T.F. v. B.L.
Description:
Same-sex parents duty to provide child support; no parenthood by contract; agreements attempting to create parental relationships are unenforceable as against public policy.
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Newsletters: Third Parties, $75
Newsletters: In-House, $50
Presentations: One-time, $50
Presentations: 12 Months, $75
Web Site: 12 Months, $100
Print: Low Circulation (5,000), $100
Print: Medium Circ. (50,000), $150
Print: High Circ. (200,000+), $200
Student Use, $10
Teacher Class Use, $25
Coppola Enterprises, Inc. v. Alfone
Description:
Breach of real estate contract for sale of land or building; breachor cannot gain from breach; breachor becomes trustee for original vendee.
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Newsletters: Third Parties, $75
Newsletters: In-House, $50
Presentations: One-time, $50
Presentations: 12 Months, $75
Web Site: 12 Months, $100
Print: Low Circulation (5,000), $100
Print: Medium Circ. (50,000), $150
Print: High Circ. (200,000+), $200
Student Use, $10
Teacher Class Use, $25
Egerer v. CSR West, LLC
Description:
hypothetical cover-- buyer recovers from the seller the difference between the contract price and what he would have had to pay for substitute goods if he had bought them at market price at the time of breach; UCC 2-713
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Newsletters: Third Parties, $75
Newsletters: In-House, $50
Presentations: One-time, $50
Presentations: 12 Months, $75
Web Site: 12 Months, $100
Print: Low Circulation (5,000), $100
Print: Medium Circ. (50,000), $150
Print: High Circ. (200,000+), $200
Student Use, $10
Teacher Class Use, $25
Valentine v. General American Credit, Inc.
Description:
Mental distress damages not recoverable by person discharged in breach of an employment agreement; mental anguish damage
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Newsletters: Third Parties, $75
Newsletters: In-House, $50
Presentations: One-time, $50
Presentations: 12 Months, $75
Web Site: 12 Months, $100
Print: Low Circulation (5,000), $100
Print: Medium Circ. (50,000), $150
Print: High Circ. (200,000+), $200
Student Use, $10
Teacher Class Use, $25
Kutzin v. Pirnie
Description:
The law abhors forfeitures; Restatement Second of Contracts 374(1); holding all or part of a deposit as a penalty rather than as compensation for injury; buyer is entitled to restitution
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Newsletters: Third Parties, $75
Newsletters: In-House, $50
Presentations: One-time, $50
Presentations: 12 Months, $75
Web Site: 12 Months, $100
Print: Low Circulation (5,000), $100
Print: Medium Circ. (50,000), $150
Print: High Circ. (200,000+), $200
Student Use, $10
Teacher Class Use, $25
Mayol v. Weiner Companies, Ltd.
Description:
Objective meaning of contract terms controls; if misunderstanding regarding contractual terms, meaning applied is that of person less at fault for the misunderstanding.
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Newsletters: Third Parties, $75
Newsletters: In-House, $50
Presentations: One-time, $50
Presentations: 12 Months, $75
Web Site: 12 Months, $100
Print: Low Circulation (5,000), $100
Print: Medium Circ. (50,000), $150
Print: High Circ. (200,000+), $200
Student Use, $10
Teacher Class Use, $25
Foxco Industries, Ltd. v. Fabric World, Inc.
Description:
Trade group standards are admissible to clarify contracts; the uniform commercial code UCC makes admissible evidence of course of dealing, usage of trade and course of performance to explain or supplement the terms of any writing
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Newsletters: Third Parties, $75
Newsletters: In-House, $50
Presentations: One-time, $50
Presentations: 12 Months, $75
Web Site: 12 Months, $100
Print: Low Circulation (5,000), $100
Print: Medium Circ. (50,000), $150
Print: High Circ. (200,000+), $200
Student Use, $10
Teacher Class Use, $25
Wagenseller v. Scottsdale Memorial Hospital
Description:
Wrongful termination; at-will employment doctrine states an employee may be terminated for cause, or even without cause, but not for bad cause
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Newsletters: Third Parties, $75
Newsletters: In-House, $50
Presentations: One-time, $50
Presentations: 12 Months, $75
Web Site: 12 Months, $100
Print: Low Circulation (5,000), $100
Print: Medium Circ. (50,000), $150
Print: High Circ. (200,000+), $200
Student Use, $10
Teacher Class Use, $25
Chateau Des Charmes Wines Ltd. v. Sabate USA Inc.
Description:
Statements on international shipping invoices do not alter the original agreement; the United Nations Convention on Contracts for the International Sale of Goods UNCCISG
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Newsletters: Third Parties, $75
Newsletters: In-House, $50
Presentations: One-time, $50
Presentations: 12 Months, $75
Web Site: 12 Months, $100
Print: Low Circulation (5,000), $100
Print: Medium Circ. (50,000), $150
Print: High Circ. (200,000+), $200
Student Use, $10
Teacher Class Use, $25
Specht v. Netscape Communications Corp.
Description:
Online agreements must be obvious to user; a consumer's clicking on a download button does not communicate assent to contractual terms if offer did not make clear to the consumer that clicking on download button would signify assent
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Newsletters: Third Parties, $75
Newsletters: In-House, $50
Presentations: One-time, $50
Presentations: 12 Months, $75
Web Site: 12 Months, $100
Print: Low Circulation (5,000), $100
Print: Medium Circ. (50,000), $150
Print: High Circ. (200,000+), $200
Student Use, $10
Teacher Class Use, $25
Register.com, Inc. v. Verio, Inc.
Description:
internet contracts do not all require clicking on I Agree; silence or inaction may operate as acceptance of contract terms when an offeree takes the benefit of offered services with a reasonable opportunity to reject
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Newsletters: Third Parties, $75
Newsletters: In-House, $50
Presentations: One-time, $50
Presentations: 12 Months, $75
Web Site: 12 Months, $100
Print: Low Circulation (5,000), $100
Print: Medium Circ. (50,000), $150
Print: High Circ. (200,000+), $200
Student Use, $10
Teacher Class Use, $25
Donovan v. RRL Corp.
Description:
Mistakenly advertised prices may not be binding on seller; a mistake of fact is a mistake, not caused by neglect of a legal duty on part of the person making the mistake, consisting of an unconscious ignorance or forgetfulness of material fact
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Newsletters: Third Parties, $75
Newsletters: In-House, $50
Presentations: One-time, $50
Presentations: 12 Months, $75
Web Site: 12 Months, $100
Print: Low Circulation (5,000), $100
Print: Medium Circ. (50,000), $150
Print: High Circ. (200,000+), $200
Student Use, $10
Teacher Class Use, $25
Alamance County Board of Education v. Bobby Murray Chevrolet, Inc.
Description:
Doctrine of commercial impracticability is a high standard; performance is not excused unless seller has employed all due measures to assure himself that his source of supply will not fail.
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Newsletters: Third Parties, $75
Newsletters: In-House, $50
Presentations: One-time, $50
Presentations: 12 Months, $75
Web Site: 12 Months, $100
Print: Low Circulation (5,000), $100
Print: Medium Circ. (50,000), $150
Print: High Circ. (200,000+), $200
Student Use, $10
Teacher Class Use, $25
Scarpitti v. Weborg
Description:
Restrictive covenants benefit homeowners as third party beneficiaries
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Newsletters: Third Parties, $75
Newsletters: In-House, $50
Presentations: One-time, $50
Presentations: 12 Months, $75
Web Site: 12 Months, $100
Print: Low Circulation (5,000), $100
Print: Medium Circ. (50,000), $150
Print: High Circ. (200,000+), $200
Student Use, $10
Teacher Class Use, $25
Clapp v. Orix Credit Alliance, Inc.
Description:
Contractual rights may be assigned, but not contract obligations; exception (1) materially change duties of other party, (2) materially increase burden or risk imposed or (3) materially impair that party's chances of obtaining return performance.
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Newsletters: Third Parties, $75
Newsletters: In-House, $50
Presentations: One-time, $50
Presentations: 12 Months, $75
Web Site: 12 Months, $100
Print: Low Circulation (5,000), $100
Print: Medium Circ. (50,000), $150
Print: High Circ. (200,000+), $200
Student Use, $10
Teacher Class Use, $25
Koch v. Construction Technology, Inc.
Description:
Conditions precedent are not favored in contract law so require clear language; pay when paid clauses
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Newsletters: Third Parties, $75
Newsletters: In-House, $50
Presentations: One-time, $50
Presentations: 12 Months, $75
Web Site: 12 Months, $100
Print: Low Circulation (5,000), $100
Print: Medium Circ. (50,000), $150
Print: High Circ. (200,000+), $200
Student Use, $10
Teacher Class Use, $25
Oral Promise as Contract Basis
Description:
Hawkins v. McGee; words that constitute a promise may be the basis of a contract.
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Newsletters: Third Parties, $75
Newsletters: In-House, $50
Presentations: One-time, $50
Presentations: 12 Months, $75
Web Site: 12 Months, $100
Print: Low Circulation (5,000), $100
Print: Medium Circ. (50,000), $150
Print: High Circ. (200,000+), $200
Student Use, $10
Teacher Class Use, $25
Bayliner Marine Corp. v. Crow
Description:
Statements that do not relate to the particular item purchased, or that merely commend the quality of goods, do not create express warranties.
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Newsletters: Third Parties, $75
Newsletters: In-House, $50
Presentations: One-time, $50
Presentations: 12 Months, $75
Web Site: 12 Months, $100
Print: Low Circulation (5,000), $100
Print: Medium Circ. (50,000), $150
Print: High Circ. (200,000+), $200
Student Use, $10
Teacher Class Use, $25
Punitive Damages in Contract
Description:
White v. Benkowski; Punitive damages may not be recovered for breach of contract nominal damages: pecuiniary damages punitive damages.
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Newsletters: Third Parties, $75
Newsletters: In-House, $50
Presentations: One-time, $50
Presentations: 12 Months, $75
Web Site: 12 Months, $100
Print: Low Circulation (5,000), $100
Print: Medium Circ. (50,000), $150
Print: High Circ. (200,000+), $200
Student Use, $10
Teacher Class Use, $25
Noncompete Agreement
Description:
Lake Land Employment Group of Akron, LLC v. Columber; continuation of at-will employment relationship is sufficient consideration for the employee's agreement
Select Usage (
details
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Newsletters: Third Parties, $75
Newsletters: In-House, $50
Presentations: One-time, $50
Presentations: 12 Months, $75
Web Site: 12 Months, $100
Print: Low Circulation (5,000), $100
Print: Medium Circ. (50,000), $150
Print: High Circ. (200,000+), $200
Student Use, $10
Teacher Class Use, $25
New Contract Terms in Packaging
Description:
Hill v. Gateway 2000, Inc.; terms contained inside a package may become part of the contract; shrink wrap agreement; click wrap.
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details
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Newsletters: Third Parties, $75
Newsletters: In-House, $50
Presentations: One-time, $50
Presentations: 12 Months, $75
Web Site: 12 Months, $100
Print: Low Circulation (5,000), $100
Print: Medium Circ. (50,000), $150
Print: High Circ. (200,000+), $200
Student Use, $10
Teacher Class Use, $25
The Statute of Frauds
Description:
C.R. Klewin, Inc. v. Flagship Properties, Inc.; oral contract with indefinite duration is outside of the Statute of Frauds.
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details
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Newsletters: Third Parties, $75
Newsletters: In-House, $50
Presentations: One-time, $50
Presentations: 12 Months, $75
Web Site: 12 Months, $100
Print: Low Circulation (5,000), $100
Print: Medium Circ. (50,000), $150
Print: High Circ. (200,000+), $200
Student Use, $10
Teacher Class Use, $25
Statute of Frauds for Sale of Real Property
Description:
Richard v. Richard; oral contract to convey real estate, part performance, possession of the property, making improvements, payment of a substantial part of the purchase price, done in reliance on the agreement.
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Newsletters: Third Parties, $75
Newsletters: In-House, $50
Presentations: One-time, $50
Presentations: 12 Months, $75
Web Site: 12 Months, $100
Print: Low Circulation (5,000), $100
Print: Medium Circ. (50,000), $150
Print: High Circ. (200,000+), $200
Student Use, $10
Teacher Class Use, $25
Written Confirmation of Oral Contract
Description:
St. Ansgar Mills, Inc. v. Streit; question of fact of the jury as to reasonableness of time for receipt of written confirmation
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Newsletters: Third Parties, $75
Newsletters: In-House, $50
Presentations: One-time, $50
Presentations: 12 Months, $75
Web Site: 12 Months, $100
Print: Low Circulation (5,000), $100
Print: Medium Circ. (50,000), $150
Print: High Circ. (200,000+), $200
Student Use, $10
Teacher Class Use, $25
Central Ceilings, Inc. v. National Amusements, Inc
Description:
Novation; a promise to pay a debt owed by another is not within the Statute of Frauds if the leading object of the promise is to confer some benefit on the promisor.
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Newsletters: Third Parties, $75
Newsletters: In-House, $50
Presentations: One-time, $50
Presentations: 12 Months, $75
Web Site: 12 Months, $100
Print: Low Circulation (5,000), $100
Print: Medium Circ. (50,000), $150
Print: High Circ. (200,000+), $200
Student Use, $10
Teacher Class Use, $25
Greenfield v. Philles Records, Inc.
Description:
extrinsic evidence to interpret a contract or add terms may not be considered if the agreement on its face is reasonably susceptible of only one meaning
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Newsletters: Third Parties, $75
Newsletters: In-House, $50
Presentations: One-time, $50
Presentations: 12 Months, $75
Web Site: 12 Months, $100
Print: Low Circulation (5,000), $100
Print: Medium Circ. (50,000), $150
Print: High Circ. (200,000+), $200
Student Use, $10
Teacher Class Use, $25
Extrinsic Evidence on Parties Intent
Description:
Trident Center v. Connecticut General Life Ins. Co; parties intent controls over the written word
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details
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Newsletters: Third Parties, $75
Newsletters: In-House, $50
Presentations: One-time, $50
Presentations: 12 Months, $75
Web Site: 12 Months, $100
Print: Low Circulation (5,000), $100
Print: Medium Circ. (50,000), $150
Print: High Circ. (200,000+), $200
Student Use, $10
Teacher Class Use, $25
Parole Evidence
Description:
Colfax Envelope Corp. v. Local No. 458-3M; rescission allowed based on mutual misunderstanding, not ambiguous term.
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Newsletters: Third Parties, $75
Newsletters: In-House, $50
Presentations: One-time, $50
Presentations: 12 Months, $75
Web Site: 12 Months, $100
Print: Low Circulation (5,000), $100
Print: Medium Circ. (50,000), $150
Print: High Circ. (200,000+), $200
Student Use, $10
Teacher Class Use, $25
Warranty of Merchantability
Description:
Koken v. Black & Veatch Construction, Inc.; breach of reasonable expectations of an ordinary user or consumer; objective standard.
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Newsletters: Third Parties, $75
Newsletters: In-House, $50
Presentations: One-time, $50
Presentations: 12 Months, $75
Web Site: 12 Months, $100
Print: Low Circulation (5,000), $100
Print: Medium Circ. (50,000), $150
Print: High Circ. (200,000+), $200
Student Use, $10
Teacher Class Use, $25
Implied Warranty of Fitness for a Particular Purpose
Description:
Lewis v. Mobil Oil Corporation; buyer relies on the seller expertise in supplying the proper product.
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Newsletters: Third Parties, $75
Newsletters: In-House, $50
Presentations: One-time, $50
Presentations: 12 Months, $75
Web Site: 12 Months, $100
Print: Low Circulation (5,000), $100
Print: Medium Circ. (50,000), $150
Print: High Circ. (200,000+), $200
Student Use, $10
Teacher Class Use, $25
Warranty Disclaimers
Description:
South Carolina Electric and Gas Co. v. Combustion Engineering, Inc.; buyers must have notice of warranty disclaimers
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Newsletters: Third Parties, $75
Newsletters: In-House, $50
Presentations: One-time, $50
Presentations: 12 Months, $75
Web Site: 12 Months, $100
Print: Low Circulation (5,000), $100
Print: Medium Circ. (50,000), $150
Print: High Circ. (200,000+), $200
Student Use, $10
Teacher Class Use, $25
Actual Damages for Contract Breach
Description:
Doe v. Great Expectations; contract that violates statutory requirements results in actual damage award.
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details
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Newsletters: Third Parties, $75
Newsletters: In-House, $50
Presentations: One-time, $50
Presentations: 12 Months, $75
Web Site: 12 Months, $100
Print: Low Circulation (5,000), $100
Print: Medium Circ. (50,000), $150
Print: High Circ. (200,000+), $200
Student Use, $10
Teacher Class Use, $25
Consumer Class Action Lawsuits
Description:
Scott v. Cingular Wireless; consumer protection laws; procedural unconscionability, substantive unconscionability, unconscionable
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details
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Newsletters: Third Parties, $75
Newsletters: In-House, $50
Presentations: One-time, $50
Presentations: 12 Months, $75
Web Site: 12 Months, $100
Print: Low Circulation (5,000), $100
Print: Medium Circ. (50,000), $150
Print: High Circ. (200,000+), $200
Student Use, $10
Teacher Class Use, $25
Surrogacy Contracts
Description:
In the Matter of Baby M; surrogate mother agreements; illegal and invalid if involve the payment of money to a woman who irrevocably agrees to bear child and turn it over to another party
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details
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Newsletters: Third Parties, $75
Newsletters: In-House, $50
Presentations: One-time, $50
Presentations: 12 Months, $75
Web Site: 12 Months, $100
Print: Low Circulation (5,000), $100
Print: Medium Circ. (50,000), $150
Print: High Circ. (200,000+), $200
Student Use, $10
Teacher Class Use, $25
Equitable Remedy and Specific Performance
Description:
Campbell Soup Co. v. Wentz; uniqueness of goods depends on value to purchaser; subjective standard; not an objective standard.
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details
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Newsletters: Third Parties, $75
Newsletters: In-House, $50
Presentations: One-time, $50
Presentations: 12 Months, $75
Web Site: 12 Months, $100
Print: Low Circulation (5,000), $100
Print: Medium Circ. (50,000), $150
Print: High Circ. (200,000+), $200
Student Use, $10
Teacher Class Use, $25
Specific Performance
Description:
Morris v. Sparrow; equity will grant specific performance of a contract for the sale of chattels if there are special and peculiar reasons money damages are inadequate
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Presentations: 12 Months, $75
Web Site: 12 Months, $100
Print: Low Circulation (5,000), $100
Print: Medium Circ. (50,000), $150
Print: High Circ. (200,000+), $200
Student Use, $10
Teacher Class Use, $25
Third Party Beneficiary of a Contract
Description:
Rathke v. Corrections Corporation of America, Inc.; the required intent to benefit that third-party may be manifested by a promise to render performance directly to the third-party
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Presentations: 12 Months, $75
Web Site: 12 Months, $100
Print: Low Circulation (5,000), $100
Print: Medium Circ. (50,000), $150
Print: High Circ. (200,000+), $200
Student Use, $10
Teacher Class Use, $25
Third Party Beneficiaries
Description:
Verni v. Cleveland Chiropractic College; strong presumption contract executed for sole benefit of the parties; terms must directly and clearly express the intent to benefit the third-party; additur.
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Newsletters: Third Parties, $75
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Presentations: 12 Months, $75
Web Site: 12 Months, $100
Print: Low Circulation (5,000), $100
Print: Medium Circ. (50,000), $150
Print: High Circ. (200,000+), $200
Student Use, $10
Teacher Class Use, $25
Assignee Rights Same As Assignor
Description:
Delacy Investments, Inc. v. Thurman & Re/Max Real Estate Guide, Inc.
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Presentations: 12 Months, $75
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Print: Medium Circ. (50,000), $150
Print: High Circ. (200,000+), $200
Student Use, $10
Teacher Class Use, $25
Gratuitous Promises Unenforceable
Description:
Jara v. Suprema Meats, Inc.; without bargained-for exchange, even written agreement unenforceable ; bilateral contract; lack of consideration
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Presentations: 12 Months, $75
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Print: Medium Circ. (50,000), $150
Print: High Circ. (200,000+), $200
Student Use, $10
Teacher Class Use, $25
Unilateral Contract Sufficient Consideration
Description:
Browning v. Johnson; detriment suffered by the promisee at promisor request, and as the price for the promise, is sufficient consideration.
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Print: Low Circulation (5,000), $100
Print: Medium Circ. (50,000), $150
Print: High Circ. (200,000+), $200
Student Use, $10
Teacher Class Use, $25
Oral Promise to Make a Gift
Description:
Congregation Kadimah Toras-Moshe v. DeLeo; detrimental reliance or consideration makes enforceable; promisee must act in reliance or unenforceable.
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Print: Low Circulation (5,000), $100
Print: Medium Circ. (50,000), $150
Print: High Circ. (200,000+), $200
Student Use, $10
Teacher Class Use, $25
Promissory Estoppel
Description:
Blinn v. Beatrice Community Hospital and Health Center, Inc.; promisee reliance on the promise must be reasonable and foreseeable, even if the promisor did not intend to be bound; detrimental reliance; unilateral contract.
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Presentations: 12 Months, $75
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Print: Medium Circ. (50,000), $150
Print: High Circ. (200,000+), $200
Student Use, $10
Teacher Class Use, $25
Statute of Frauds
Description:
Professional Bull Riders, Inc. v. AutoZone, Inc.; contracts must be in writing if technically CANNOT be performed in one year.
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Presentations: 12 Months, $75
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Statute of Frauds if Part Performance
Description:
Sullivan v. Porter; part performance doctrine gives specific performance if induced by the other party misrepresentations, which may include acquiescence or silence.
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Print: Medium Circ. (50,000), $150
Print: High Circ. (200,000+), $200
Student Use, $10
Teacher Class Use, $25
Damages: Expectancy, Reliance, Restitution
Description:
Glendale Federal Bank, FSB v. United States; if a reasonable probability of damages can be clearly established, uncertainty as to the amount will not preclude recovery, and the court duty is to make a fair and reasonable approximation
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Presentations: 12 Months, $75
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Print: Medium Circ. (50,000), $150
Print: High Circ. (200,000+), $200
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Teacher Class Use, $25
Implied-In-Fact Contract
Description:
Wrench, LLC v. Taco Bell Corp.; conversion; misappropriation; unfair competition
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Student Use, $10
Teacher Class Use, $25
Start of Performance as Acceptance of Offer
Description:
Scoular Co. v. Denney; Acceptance of a contract offer is defined as words or conduct that, when objectively viewed, manifests an intent to accept the offer; UCC; Uniform Commercial Code
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Print: Medium Circ. (50,000), $150
Print: High Circ. (200,000+), $200
Student Use, $10
Teacher Class Use, $25
Mirror Image Rule
Description:
DTE Energy Technologies, Inc. v. Briggs Electric, Inc.; different terms in an acceptance ordinarily do not become a part of the contract; UCC; Uniform Commercial Code.
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Presentations: 12 Months, $75
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Print: Low Circulation (5,000), $100
Print: Medium Circ. (50,000), $150
Print: High Circ. (200,000+), $200
Student Use, $10
Teacher Class Use, $25
Gap Filler in Contracts
Description:
Griffith v. Clear Lakes Trout Co., Inc.; destruction of contracts based on uncertainty;
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Print: Medium Circ. (50,000), $150
Print: High Circ. (200,000+), $200
Student Use, $10
Teacher Class Use, $25
Statute of Frauds Defense
Description:
168th and Dodge, LP v. Rave Reviews Cinemas, LLC; even implied in fact contrs, implied in law contracts and promissory estoppel claims are subject to the statute of frauds defense
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Print: Medium Circ. (50,000), $150
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Student Use, $10
Teacher Class Use, $25
Reformation and Mutual Mistake
Description:
OneBeacon America Insurance Co. v. Travelers Indemnity Company of Illinois; reformation fixes a mistaken writing, not a mistaken agreement; scrivener\'s error
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Student Use, $10
Teacher Class Use, $25
Severance of Illegal Provision of Contract
Description:
Broadley v. Mashpee Neck Marina, Inc.; courts sever illegal contract terms; reformation does not apply; boilerplatej contracts; contracts of adhesion; unconscionable contracts; public policy
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Student Use, $10
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Assignment of a Legal Malpractice Claim
Description:
Gurski v. Rosenblum and Filan, LLC; public policy considerations prohibit assigning claim to adversary
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Student Use, $10
Teacher Class Use, $25
Merger Clause
Description:
Suburban Leisure Center, Inc. v. AMF Bowling Products, Inc; merger clauses do not impact prior agreements covering different subjects; merger clause, integration clause; parol evidence rule
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Non-Disclosure Agreement Narrowly Construed
Description:
ConFold Pacific, Inc. v. Polaris Industries, Inc.; unambiguous contract language must be enforced as it is written; extrinsic evidence
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Student Use, $10
Teacher Class Use, $25
Insurance Policy Contract Interpretation
Description:
In re Katrina Canal Breaches Litigation; an insurance policy is a contract between the parties and should be construed using the general rules of contract interpretation; ejusdem generis, expressio unius est exclusio alterius, noscitur a sociis
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Print: Medium Circ. (50,000), $150
Print: High Circ. (200,000+), $200
Student Use, $10
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Insurance Coverage Against Terrorist Attacks
Description:
Omni Berkshire Corp. v. Wells Fargo Bank, N.A; demanding insurance coverage for terrorism is reasonable post-9/11
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Print: Medium Circ. (50,000), $150
Print: High Circ. (200,000+), $200
Student Use, $10
Teacher Class Use, $25
Non-Conforming Goods, Cure Executory Contract
Description:
Dynamic Machine Works, Inc. v. Machine & Electrical Consultants, Inc.; buyer may retract extension of time to cure defect unless the retraction unjust due to seller\'s material change of position in reliance on the waiver
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Print: Medium Circ. (50,000), $150
Print: High Circ. (200,000+), $200
Student Use, $10
Teacher Class Use, $25
Change In Law Excuses Contract Performance
Description:
Centex Corporation v. Dalton; foreseeability; impossibility; impracticability; quantum meruit; non-occurrence a basic assumption
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Print: Medium Circ. (50,000), $150
Print: High Circ. (200,000+), $200
Student Use, $10
Teacher Class Use, $25
Wholesale Value as Measure of Damages
Description:
Illinois Central R.R. Co. v. Crail; common law remedy for contract damages is wholesale rather than retail value
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Print: Medium Circ. (50,000), $150
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Reliance Damages Calculation
Description:
L. Albert & Son v. Armstrong Rubber Co.
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Student Use, $10
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Hadley v. Baxendale Rule
Description:
Globe Refining Co. v. Landa Cotton Oil Co.; consequential damages for breach of contract are those reasonably supposed to be in the contemplation of the parties at the time the contract is made
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Print: Medium Circ. (50,000), $150
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Student Use, $10
Teacher Class Use, $25
New Business Rule Damages for Lost Profits
Description:
MindGames, Inc. v. Western Publishing Co.; the "new business" rule and Hadley v. Baxendale don't say that damages for lost profits are never recoverable
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Assumpsit on a Quantum Meruit
Description:
Stark v. Parker; voluntarily quitting a job ahead of schedule may terminate the obligation of payment
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Contractual Penalties
Description:
Muldoon v. Lynch; contract damages ought to be compensatory and commensurate with the damages suffered; forfeiture clause; liquidated damages penalty clause
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Student Use, $10
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Liquidated Damages Clause Not A Penalty
Description:
Samson Sales, Inc. v. Honeywell, Inc.; liquidated damages are not a penalty when: (1) damages uncertain in amount and difficult to prove; (2) contract as a whole not unconscionable, unreasonable, and disproportionate (3) damages consistent
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Prohibitory Injunction
Description:
Lumley v. Wagner; specific performance denied; power to order affirmative injunction; enjoin
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Promissory Estoppel or Bargained-For Exchange
Description:
Ricketts v. Scothorn; a promise not supported by consideration may be enforceable if induced promisee to rely on it to detriment; estoppel quid pro quo
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Student Use, $10
Teacher Class Use, $25
Promissory Estoppel
Description:
First National Bank of Logansport v. Logan Mfg. Co.; reliance damages; promisor who induces substantial change in position by promisee in reliance on promise is estopped to deny enforceability of the promise
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Student Use, $10
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Carlill v. Carbolic Smoke Ball Co.
Description:
nundum pactum; unilateral offer; gratuitous offer; firm offer rule; performance of conditions for reward offered in advertisement accepts offer, creating a contract for payment of the reward;
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Student Use, $10
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Contracts Must Include all Essential Terms
Description:
Sun Printing & Publishing Association v. Remington Paper and Power Co., Inc.; The court is not at liberty to revise an agreement while attempting to construe it.
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Student Use, $10
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Contracts Enforced According to Their Terms
Description:
W.W.W. Associates, Inc. v. Giancontieri; if terms of a contract are set out in a clear, complete document, writing enforced according to its terms, without reference to outside evidence regarding what the parties really intended
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Student Use, $10
Teacher Class Use, $25
Special Meaning of a Contract Term
Description:
Frigaliment Importing Co. v. B.N.S. International Sales Corp.; the party advocating special meaning for a contractual term has burden of proving that the special meaning was intended by both parties
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Student Use, $10
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Knock Out Rule and UCC Gap Filler
Description:
Richardson v. Union Carbide Indus. Gases, Inc.; conflicting contract terms fall out and are replaced to the extent necessary by Uniform Commercial Code gap-filler provisions
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Laidlaw v. Organ
Description:
The fact that a party is under no duty to disclose a fact does not excuse that party from making a false disclosure.
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Surrogacy Contracts Illegal
Description:
In re Baby M; a surrogacy contract violated state statutes and public policy
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At Will Employment Termination
Description:
Dore v. Arnold Worldwide, Inc.; at-will employment may be terminated by the employee or employer at any time, with or without cause
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Student Use, $10
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Unconscionable Contract
Description:
Williams v. Walker-Thomas Furniture Co; an installment contract that denies the buyer a meaningful choice and contains unfair terms is unenforceable; doctrine of unconscionability
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Student Use, $10
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Contractual Duty Of Good Faith
Description:
Market Street Associates Ltd. Partnership v. Frey; a contracting party cannot be allowed to use its own breach to gain an advantage by impairing the rights that the contract confers on the other party
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Breach of Trivial Condition of Contract
Description:
Jacob & Youngs v. Kent; a trivial, innocent omission will not always be a failure of a condition that causes forfeiture of the contract
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Perfect Tender Rule
Description:
Printing Center of Texas, Inc. v. Supermind Pub. Co.; a buyer may reject goods that do not conform to the contract in each and every respect.
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Print: Medium Circ. (50,000), $150
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Lumley v. Gye
Description:
Tortious interference with contractual relations; inducement of breach of contract
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Tortious Interference With Prospective Economic Advantage
Description:
Della Penna v. Toyota Motor Sales, U.S.A., Inc.; established contracts merit greater protection than potential contracts
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Consultant's Privilege
Description:
J.D. Edwards & Co. v. Podany; an advisor may offer good-faith advice to a client without fear of liability should the client act on that advice to the harm of a third person.
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In re Katrina Canal Breaches Litigation
Description:
Flood exclusions are applied to levee failures in insurance policy agreements
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Retraction of Extension of Time to Cure Defect
Description:
Dynamic Machine Works, Inc. v. Machine & Electrical Consultants, Inc.; buyer may retract unless material change of position by seller in reliance on the waiver of time to deliver
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