Conduct as Contract Waiver

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Wisconsin Knife Works v. National Metal Crafters; under the Uniform Commercial Code, an attempt at contract modification that does not satisfy a contractual requirement that modifications be in writing can operate as a waiver.

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Cross-Collateral

In re Zaochney; A dragnet clause or cross-collateralization clause that provides that collateral in one transaction will be security for other obligations is enforceable.

Economic Loss Doctrine

Lincoln Co. v. Detroit Diesel Corp. General Insurance; breach of warranty; no exception to the economic loss doctrine for damages to a defective product when an inherent defect makes the product unreasonably dangerous.

Third Party Beneficiary Contract

Basic Capital Management, Inc. v. Dynex Commercial, Inc.; benefit to third party must be written in the contract; court will not create a third party beneficiary contract by implication; no implied contract for third party.

Oral Promise

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

Right to Walk Away

United Rentals, Inc. v. RAM Holdings, Inc.; When the examination of extrinsic evidence does not lead to an obvious, objectively reasonable conclusion, the court may apply the forthright negotiator principle.

Extrinsic Evidence on Indefinite Term

Vohs v. Donovan; A contract is not enforceable if an essential term is indefinite or a promise to perform is illusory, but may enforce if extrinsic evidence makes more definite and the promise to perform less illusory.

Preliminary Injunction Contract Term

Ed Bertholet & Associates, Inc. v. Ed Stefanko; Contract provisions requiring the issuance of an injunction are not binding on the trial court; granting or denying a preliminary injunction rests within the trial court's equitable discretion,

Detrimental Reliance

Frank Dixon v. Wells Fargo Bank, N.A.; promissory estoppel will be applied when the promisor makes a promise that the promisee reasonably and foreseeably relies on to his or her detriment.

Contractual Basis for Arbitration

Stolt-Nielsen S.A. v. AnimalFeeds International Corp.; A party may not be compelled under the FAA to submit to class arbitration unless there is a contractual basis for concluding that the party agreed to do so. Federal Arbitration Act.

Forebearance as Consideration

Dyer v. National By-Products, Inc.; Forbearance to assert a claim or defense that proves to be invalid is consideration if the forbearing party believes that the claim or defense may fairly be determined to be valid.

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.

Good Faith Obligation

Seggebrush v. Stosor; the implied covenant of good faith and fair dealing includes a prohibition on cheating on the contract terms.

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Conduct as Contract Waiver

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