At Will Employment Termination

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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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Fraudulent Transfer

Aptix Corp. v. Quickturn Design Systems, Inc.; A transfer is fraudulent if made with the actual intent to hinder, delay, or defraud a creditor; loan was a fraudulent transfer. Badges of Fraud.

Lost Check

Fifth Third Bank v. Jones; A check is taken for an obligation when it is given as payment, without regard to the payee's internal procedures; missing check; deed of trust.

Oral Promise

Blinn v. Beatrice Community Hosp. and Health Center, Inc.; promissory estoppel; at-will employee; wrongful termination of employment.

Doctrine of Impossibility

YPI 180 N. LaSalle Owner, LLC v. 180 N. LaSalle II, LLC; the doctrine of impossibility of performance excuses performance if objectively impossible due to destruction of the subject matter of the contract or by operation of law.

Liquidated Damages in Consumer Contracts

Cellphone Termination Fee Cases; Liquidated damages provisions in consumer contracts are presumed void, and the burden is on the proponent of such clauses to rebut that presumption.

Federal Arbitration Act

Hall Street Associates, L.L.C. v. Mattel, Inc.; The FAA provides the exclusive grounds for expedited vacatur and modification of arbitration awards. These grounds are extreme such ascorruption, fraud, partiality, misconduct, etc.

Gift is Not Consideration

Pennsy Supply, Inc. v. American Ash Recycling Corp.; The bargain theory of consideration does not actually require that the parties bargain over the terms of the agreement; rather, a promise and a reciprocal conventional inducement.

Requirement Contracts Consideration

Structural Polymer Group, Ltd. v. Zoltek Corp.; the implied obligation of good faith in requirements contracts is enough to avoid finding a contract null and void due to an illusory promise.

Unilateral Mistake Avoidance

Sumerel v. Goodyear Tire & Rubber Co.; If an offer contains a material mistake that was known by the other party, or the other had reason to know of it, the party who made the mistake has the power to avoid the contract.

Third Party Beneficiary Standing

Sisney v. State; a contract made expressly for the benefit of a third person may be enforced by that person, but only when the intent to make the contract inure to the benefit of the third party is clearly manifest.

Shrinkwrap Agreement

DeFontes v. Dell, Inc.; Arbitration is a matter of contract and a party cannot be required to submit to arbitration unless agreed. Under the UCC, contracts for the sale of goods may be formed in any manner sufficient to show agreement.

Moral Obligation as Consideration

Mills v. Wyman; A promise based only on a moral obligation is made without consideration and not enforceable.

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At Will Employment Termination

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