1. 1/17/2006Class 41 This is a good week to learn some contracts

2. 1/17/2006Class 42 Class 4, January 17 Announcements one handout today—Problem Set 2 Thursday—pp. 40-59 Friday—pp. 64-73; Problem Set 2 Midterms: tentatively scheduled for 3/3 and 4/4 Today’s agenda Unilateral contracts Problem Set 1

3. 1/17/2006Class 43 Practice Essay Question 1 Theme—form can help with substance

4. 1/17/2006Class 44 Unilateral contracts What makes a unilateral contract different from a bilateral contract?

5. 1/17/2006Class 45 Compare 1.I will pay you $10 if you agree to mow my lawn. 2.I will pay you $10 if you mow my lawn.

6. 1/17/2006Class 46 How do you accept a unilateral K?

7. 1/17/2006Class 47 Pettersen v. Pattberg New York Court of Appeals 248 N.Y. 86, 161 N.E. 428 (1928)

8. 1/17/2006Class 48 Who is suing who?

9. 1/17/2006Class 49 For what kind of damages?

10. 1/17/2006Class 410 Legal basis for the claim?

11. 1/17/2006Class 411 Factual basis for the claim?

12. 1/17/2006Class 412 Arguments/defenses?

13. 1/17/2006Class 413 What happened at trial?

14. 1/17/2006Class 414 What happened on appeal?

15. 1/17/2006Class 415 Second appeal?

16. 1/17/2006Class 416 Legal issue before this court?

17. 1/17/2006Class 417 What authorities does this court rely on?

18. 1/17/2006Class 418 Williston quote The offeror may see the approach of the offeree and know that an acceptance is contemplated. If the offeror can say “I revoke” before the offeree accepts, however brief the interval of time between the two acts, there is no escape from the conclusion that the offer is terminated.

19. 1/17/2006Class 419 What rule does the court apply?

20. 1/17/2006Class 420 What policies does it further/ignore?

21. 1/17/2006Class 421 What it Pattberg had opened the door and Pettersen tried to hand the money to Pattberg? Would Petersen be bound?

22. 1/17/2006Class 422 Court says: “This would be so, for the act requested to be performed was the completed act of payment, a thing incapable of performance unless assented to by the person to be paid.” Could the court really mean this? If so, can there ever be an offer for a unilateral K where acceptance is to be by payment?

23. 1/17/2006Class 423 What is tender?

24. 1/17/2006Class 424 Dissenting opinion?

25. 1/17/2006Class 425 Cook v. Coldwell Banker/Frank Laiben Realty Co. Missouri Court of Appeals 967 S.W.2d 654 (1998)

26. 1/17/2006Class 426 Who is suing who?

27. 1/17/2006Class 427 For what kind of damages?

28. 1/17/2006Class 428 Legal basis for the claim?

29. 1/17/2006Class 429 Factual basis for the claim?

30. 1/17/2006Class 430 Arguments/defenses?

31. 1/17/2006Class 431 What happened at trial?

32. 1/17/2006Class 432 What happened on appeal?

33. 1/17/2006Class 433 Legal issue before this court?

34. 1/17/2006Class 434 What authorities does this court rely on?

35. 1/17/2006Class 435 What rule does the court apply?

36. 1/17/2006Class 436 Does substantial performance = acceptance?

37. 1/17/2006Class 437 Is substantial performance required before an option K arises? Compare Cook with Restatement Which makes more sense?

38. 1/17/2006Class 438 What policies does it further/ignore?

39. 1/17/2006Class 439 Are Petterson and Cook consistent with each other?

40. 1/17/2006Class 440 Offer/acceptance Preliminary negotiationsK formation --------|------------------|--------------|-------------- offeracceptance termination of power of acceptance?

41. 1/17/2006Class 441 Problem Set 1

42. 1/17/2006Class 442 1. I am interested in buying your house.

43. 1/17/2006Class 443 2. I am interested in buying your house for $5000.

44. 1/17/2006Class 444 3. Would you be interested in selling your house?

45. 1/17/2006Class 445 4. Would you be interested in selling your house for $5000?

46. 1/17/2006Class 446 5. I want to buy your house.

47. 1/17/2006Class 447 6. I want to buy your house for $5000.

48. 1/17/2006Class 448 7. Will you sell me your house?

49. 1/17/2006Class 449 8. Will you sell me your house for $5000?

50. 1/17/2006Class 450 9. If you will sell me your house, I will pay you $5000.

51. 1/17/2006Class 451 10. I will pay you $5000 if you will sell me your house.

52. 1/17/2006Class 452 11. Letter from  --Will you sell me your store property which is located on Main St. in Bucksport, Me. Running from Montgomery's Drug Store on one corner to a Grocery Store on the other, for the sum of $6,000.00?" Reply letter from  --"... it would not be possible for me to sell it unless I was to receive $16,000.00 cash." Telegram from  --"Accept your offer for Bradley block Bucksport Terms sixteen thousand cash send deed to Eastern Trust and Banking Co Bangor Maine Please acknowledge.

53. 1/17/2006Class 453 15.1 Black Lapin Stole...Beautiful, Worth $139.50...... $1.00 First Come First Served

54. 1/17/2006Class 454 16. As a shopper in a supermarket was lifting a soft drink bottle from the shelf to place it in a shopping cart, the bottle exploded, seriously injuring the shopper. Was there a "contract for... sale"? If so, UCC 2-314 provides for an implied warranty of merchantibility.

55. 1/17/2006Class 455 17. A states to B that he would like certain work done and asks B for an estimate. B says that she estimates she could do the work for $5,000. A says, "I accept." Mutual assent?

56. 1/17/2006Class 456 18. A states to B what he would like certain plumbing work done and asks B for an estimate. B gives an estimate of $31,000. A says, "Go ahead" and B does the work. Upon completion of the work, B presents a bill for $33,500 which is in fact the reasonable price. May B collect $33,500?

57. 1/17/2006Class 457 19. Would the result in 18 have been different if A had said, "Go ahead and do it at that price," and B did the work?

58. 1/17/2006Class 458 21. "I offer to sell you Blackacre for $10,000, offer to remain open until Friday." You spend money and time to do a title search and other activities in preparation for acceptance. You come to me on Thursday, and before you can say, "I accept," or to hand over the money, I say, "I revoke." Is this revocation effective?

59. 1/17/2006Class 459 End of class Thursday—pp. 40-59 Friday—64-73; Problem Set 2