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Perfect Tender Rule
Perfect Tender Rule Cartoons

Perfect Tender Rule

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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Related Cartoons

Apparent Authority
Apparent Authority
Azur v. Chase Bank, USA; Unauthorized use of a credit card is use of the card by someone without actual, implied, or apparent authority to make charges, and from which the cardholder receives no benefit.
Altering the U.C.C.
Altering the U.C.C.
Cincinnati Ins. Co. v. Wachovia Bank, Natl. Assn.; A bank is strictly liable for paying an unauthorized check unless the bank and the customer agree otherwise; subrogation; forged check.
Third Party Beneficiary Contract
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
Oral Promise
Blinn v. Beatrice Community Hosp. and Health Center, Inc.; promissory estoppel; at-will employee; wrongful termination of employment.
Four Corners Rule
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
Statute of Frauds Exception
Kolkman v. Roth; an exception to the statute of frauds applies in cases of promissory estoppel.
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.
Preliminary Injunction Contract Term
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,
As Is Clause
As Is Clause
Lenawee County Board of Health v. William and Martha Messerly; as-is clause may defeat grant of rescission for mutual mistake relating to a basic assumption that materially affects the parties' agreed performance.
Mailbox Rule
Mailbox Rule
United States Life Insurance Company v. Wilson; the common-law rule providing that acceptance of an offer is effective when it is sent will apply to electronic transactions that resemble traditional paper transactions.
Pre-Contractual Misrepresentations
Pre-Contractual Misrepresentations
Snyder v. Lovercheck; a perpetrator of fraud cannot close the lips of his innocent victim by getting him blindly to agree in advance not to complain against it as a matter of public policy.
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.