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Incorporation by Reference
Incorporation by Reference Cartoons

Incorporation by Reference

Grandis Family Partnership, Ltd. v. Hess Corp.; arbitration agreement incorporated by reference; independent document.
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Perfected Status
Perfected Status
In re Wild West World, L.L.C., Debtor; bankrupcty; notice to creditors; claimed security interest requires timely filing in order to obtain perfected status.
Repudiation
Repudiation
Mobil Oil Exploration & Producing Southeast, Inc. v. U.S.; if a party repudiates a contract, the other party is entitled to restitution for any benefit he has conferred on the repudiating party by way of part performance or reliance.
Online Agreements
Online Agreements
Specht v. Netscape Communications Corp.; clicking on a DOWNLOAD button does not communicate assent to contractual terms if the offer did not make clear; inquiry notice; constructive notice.
Extrinsic Evidence on Indefinite Term
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.
Doctrine of Impossibility
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.
Multiple Writings
Multiple Writings
Crabtree v. Elizabeth Arden Sales Corp.; Statute of Frauds does not require single writing; multiple writings ok if linked by a reference within them to the same subject matter or transaction. Signed and unsigned writings may be read together.
Extrinsic Evidence Allowed
Extrinsic Evidence Allowed
Delta Dynamics, Inc. v. Arioto; Extrinsic evidence (parol evidence) will be admitted to explain an ambiguous term. Competing contract interpretations.
Puffery is not Fraud
Puffery is not Fraud
Speakers of Sports v. ProServ; A promise that is intended as aspirational, and that a reasonable person in the position of the promisee would understand as an expression of hope, is not an enforceable commitment.
Lack of Knowledge
Lack of Knowledge
Specht v. Netscape Communications Corp.; offeree is not bound by inconspicuous contractual provisions if contractual nature of document is not obvious, even if apparent manifestation of consent. Constructive notice; inquiry notice; arbiration.
Penalty Clause Damages
Penalty Clause Damages
Lake River Corp. v. Carborundum Co.; liquidated damages clauses are enforceable but penalty damages clauses are not enforceable.
Illusory Promise
Illusory Promise
Office Pavilion S. Florida, Inc. v. ASAL Prods., Inc.; Words of "promise" that by their terms make the putative promisor's performance optional do not constitute a promise at all and are not consideration for the return promise.
Implied in Law Contract
Implied in Law Contract
Vertex, Inc. v. City of Waterbury; unjust enrichment requires (1) that the defendants were benefited, (2) that the defendants unjustly did not pay the plaintiffs for the benefits, and (3) that the failure of payment was to the plaintiffs' detriment.