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Right to Walk Away
Right to Walk Away Cartoons

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.
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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.
Wire Transfer
Wire Transfer
Experi-Metal, Inc. v. Comerica Bank; authenticity of payment orders must be verified pursuant to a comercially reasonable security procedure; unauthorized wire transfer order.
Mere Puffery
Mere Puffery
In re Toshiba America HD DVD Marketing and Sales Practices Litigation; express warranty is not created by mere puffery; a statement about future performance may create express warranty if it is an affirmation or representation. performance.
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.
Statutes of Repose
Statutes of Repose
Peters v. Riggs Natl. Bank, N.A.; Equitable tolling does not apply to statutes of repose; statute of limitation; the time limit can be shortened by contract or mutual agreement.
Undue Influence
Undue Influence
Kelly v. Provident Life & Accident Insurance Co.; Undue influence is persuasion that tends to be coercive in nature and that overcomes the will without convincing the judgment.
Condition Precedent
Condition Precedent
Moore Bros. Co. v. Brown & Root, Inc.; prevention doctrine is if a promisor prevents or hinders fulfillment of a condition to his performance, the condition may be waived or excused.
Damages for Tortious Interference with Contract
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.
Guardianship
Guardianship
Kenai Chrysler Center, Inc. v. Denison; Guardianship proceedings are treated as providing public notice of the ward's incapacity, even though the other party to a particular transaction may have no knowledge or reason to know of the guardianship.
Penalty Clause Damages
Penalty Clause Damages
Lake River Corp. v. Carborundum Co.; liquidated damages clauses are enforceable but penalty damages clauses are not enforceable.
Reward for Police Officers
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.
Windfall Damages
Windfall Damages
H-W-H Cattle Co., Inc. v. Schroeder; Under the Uniform Commercial Code, a buyer has two options when the seller fails to deliver: (1) the buyer may "cover" by making a good faith substitute purchase; or (2) recover damages for non-delivery.