LEB 320F 1st Edition Lecture 17 Outline of Last Lecture II Illegality III Void a Licensing IV Bremmeyer v Peter Kiewit Sons V Usury a Contracts in restraint of Trade VI Systems Software v Barnes VII Ethic Moment VIII Exculpatory Contracts IX Seigneur v National Fitness institute X Unconscionable Contracts XI Doughty v Idaho Frozen Foods XII Voidable Contracts a Minority b Mental awareness c Intoxication Outline of Current Lecture XIII Fraud a Value i Sarvis v Vermont State Colleges b Silence i Stambovsky v Ackley XIV Mistake a Bilateral i Beachcomber Coins b Unilateral XV Duress XVI Undue influence XVII Writing in Contracts a Castillo v Rios XVIII Contracts not performable within 1 year XIX Statute of frauds XX Interest in real property XXI Sales of goods a Shattuck v Klotzbach XXII Parol Evidence Rule Current Lecture Do you really agree o Fraud agreed to some other deal Misrepresentation omission of a material fact that is relied on and injury results Fact v opinion v prediction Value Generally opinion Sarvis v Vermont State Colleges Not silent provoked full disclosure by resume Silence Unless duty to speak Hidden defects Fiduciary relationships Superior knowledge exceptions Stambovsky v Ackley o Ghosts o Condition created by seller that materially impairs value you must disclose Remedies for fraud o Also a tort o Rescission o Damages Mistake innocent fraud o Bilateral both parties Peerless case contract to ship peanuts on vessel Peerless of which there are multiple Versus some doubt the contract shifts the risk Beachcomber Coins Parties were sure that it was a D so no assumption of risk o Unilateral mistake Duress o Totem Marine Tug v Alyeska Undue influence o Fiduciary duty o Rice university butler made him sign a will to give him everything Chapter 15 Is the writing a contract No o Some contracts must be in writing to be enforceable o Statute of Frauds paid witnesses o Public law to end a problem with private law Interest in real property o Easements mortgages etc o Exception partial performance and promissory estoppel o Castillo v Rios 3 prong test all met 1 Pays the consideration 2 Takes possession 3 Makes permanent and valuable improvements Contracts not performable within 1 year o Rationale long term deal o Time of actual performance is irrelevant if its possible then it is outside o At will employment contracts possible o Lifetime possible but courts are all over o 1 year and 1 day not possible o 4 hours 13 months from now Other o Promise of marriage palimony o Copyrights o Lending o Executor of bankrupt Statute of frauds o Contracts for interest in land o Not to be performed within a year o Contract to pay the debt of another Sales of goods o UCC 500 requires writing signed by party to be bound o Exceptions o Custom made goods o Admitted in a pleading o Payment made and accepted goods delivered and accepted What type of writing o UCC all you need is quantity and a writing sufficient to show that parties intended to contract o Signature not needed to be handwritten o Letterhead initials o Emails Shattuck v Klotzbach Motion to dismiss denied Parol Evidence Rule o Outside the writing evidence o General rule many many exceptions The contract is incomplete Ambiguity Typo Fraud duress etc
View Full Document