Statute of Frauds Exception

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

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Lost Check

Fifth Third Bank v. Jones; A check is taken for an obligation when it is given as payment, without regard to the payee's internal procedures; missing check; deed of trust.

Incorporation by Reference

Grandis Family Partnership, Ltd. v. Hess Corp.; arbitration agreement incorporated by reference; independent document.

Doctrine of Avoidable Consequences

In re WorldCom, Inc.; the duty to mitigate damages bars recovery for losses suffered by a non-breaching party that could have been avoided by reasonable effort and without the risk of substantial loss or injury.

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.

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.

Double Indemnification

Peter Kossian v. American National Insurance Co.; Under the equitable doctrine of unjust enrichment, one party should not be indemnified twice for the same loss.

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.

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

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

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.

Reward Offer Acceptance

Glover v. Jewish War Veterans of United States; No contract is formed when one acts consistently with the terms of an offer of a reward, but without knowing of the offer, because there is no intention to accept the offer.

Moral Obligation as Consideration

Mills v. Wyman; A promise based only on a moral obligation is made without consideration and not enforceable.

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Statute of Frauds Exception

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