T.F. v. B.L.

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Same-sex parents duty to provide child support; gay rights; no parenthood by contract; agreements attempting to create parental relationships are unenforceable as against public policy.

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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.

Price Setting

Casserlie v. Shell Oil Co.; claim for bad faith price setting; a price in an open price contract is set in good faith if it is commercially reasonable and nondiscriminatory; disparate pricing between jobbers and dealers is not evidence of discrimination

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.

Financing Statement Search

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.

Binding Agreement

Grosvenor v. Qwest Corp.; multiple notices to internet user of specific contractual terms of use may cause binding agreement.

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.

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

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.

Disgorgement

Watson v. Cal-Three, LLC; When the breaching party's wrongdoing is intentional or substantial, recovery of the breaching party's profits may be granted. Expectancy damages; lost profit damages.

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.

Part Performance

Beaver v. Brumlow; if oral contract not enforceable under the Statute of Frauds has been performed to such an extent it would be inequitable to deny enforcement, may bar the Statute of Frauds defense; part performance; specific performance.

Repudiate a Contract

Rocheux Int'l of N.J. v. U.S. Merchants Fin. Group; whether one party repudiated a contract or provided adequate assurance of future performance are questions of fact that must be decided by the trier of fact based on commercial standards.

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T.F. v. B.L.

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