Financing Statement Search

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In re John\'s Bean Farm of Homestead, Inc.; bankruptcy; wrong name; computer search string; incorrect identification of a debtor on a financing statement is seriously misleading.

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Lease or Sale

Gibraltar Financial Corp. v. Prestige Equipment Corp.; court must consider economic reality of transaction to detemine whether it was a lease or a sale subject to a security agreement.

Four Corners Rule

Hemenway v. Peabody Coal Co.; The meaning of a contract must be found within its four corners; four corners rule.

Statute of Frauds Exception

Kolkman v. Roth; an exception to the statute of frauds applies in cases of promissory estoppel.

Agreement to Arbitrate

Rent-A-Center v. Jackson; The Federal Arbitration Act puts arbitration agreements on equal footing with other contracts, and requires courts to enforce them according to their terms; unconscionability challenges.

Doctrine of Promissory Estoppel

Stewart v. Cendant Mobility Services Corp.; a promise that the promisor should reasonably expect to induce action or forbearance and does is binding if injustice can be avoided only by enforcement of the promise.

Damages for Tortious Interference with Contract

Rite Aid Corp. v. Lake Shore Investors; damages for tortious contractual interference may include pecuniary loss of the benefits of the contract; consequential losses; emotional distress and actual harm to reputation, and punitive damages.

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.

Extrinsic Evidence Allowed

Delta Dynamics, Inc. v. Arioto; Extrinsic evidence (parol evidence) will be admitted to explain an ambiguous term. Competing contract interpretations.

Third Party Beneficiary Not Explicit

Detroit Institute of Arts Founders Society v. Rose; A contract may create an obligation to a third-party without containing express language creating that obligation. Incidental benefit to third party not enough.

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.

Reward for Police Officers

Gray v. Martino; Public policy and sound morals alike forbid that public officers should demand or receive, for services performed in the discharge of their official duties.

Inconspicuous Warranty Disclaimers

Moscatiello v. Pittsburgh Contractors Equipment Co.; The implied warranty of merchantability can be excluded from a contract only if the word "merchantability" is used and the language of the disclaimer is conspicuous.

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