UGA legl 2700 Test 3 Court Cases (Roessing) Questions And Answers
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Course
UGA LEGL 2700
Institution
UGA LEGL 2700
UGA legl 2700 Test 3 Court Cases (Roessing)
Questions And Answers
Macy's v. Martha St ewart and J.C. Penney exclusive agreement to sell some products in
Macy's store; JCPenney announced selling Martha Stewart products but in a stand-alone store
inside of JCPenney; this case demonstrates using...
UGA legl 2700 Test 3 Court Cases (Roessing)
Questions And Answers
Macy's v. Martha St ewart and J.C. Penney exclusive agreement to sell some products in
Macy's store; JCPenney announced selling Martha Stewart products but in a stand-alone store
inside of JCPenney; this case demonstrates using clear language in contracts and highlights the
danger in counting on a court to support a technical interpretation
St. Louis Produce Market v. Hughes Defendant agreed to be paid 14 weeks worth of
salary and to return all company owned property
Failure of a condition precedent can excuse a party's performance, even if it is minor
The existence of a minor condition subsequent can cut off a party's obligation to perform
Lucy v Zehmer Drunk farm selling
-Plaintiff would bring it up while they were drinking, Defendant would say no to selling his farm
-Eventually agreed to sell farm when drinking
-Common Law of Britain: intoxication is no defense --> Factual Capacity/Non Competent party
Mills v Wyman (1825) One party promised another to pay for him caring his now
deceased son
, UGA legl 2700 Test 3 Court Cases (Roessing)
Questions And Answers
-Never ends up paying the guy
-Past "Consideration"/ Prior Consideration = no consideration
- Cant sue for him not paying as promised because the Actions took place before any type of
contract was made
Kirksey v Kirksey After Plaintiff's husband died, Defendant offered to put up Plaintiff on
his land. Plaintiff gave up her land and moved to Defendant's property, but approximately two
years later Defendant made Plaintiff leave his property. The plaintiff sued to enforce the promise,
but the court did not find a valid contract. It held that a promise on the condition, "If you will
come down and see me" is not a bargained for exchange for the promisee's "coming down to see"
the promisor. The promise is not sufficiently supported by bargained-for consideration and is not
enforceable
Wright v Newmann Plaintiff is seeking child support from Defendant. Defendant admits
he is the father of Plaintiff's daughter, but has introduced DNA evidence that he is not the father
of Plaintiff's son. However, Defendant is listed on the birth certificate of Plaintiff's son and
Plaintiff's son uses Defendant's surname. In addition, Defendant established a parent-child
relationship with Plaintiff's son. Where a promise of parental support is made and detrimentally
relied upon, it is enforceable under promissory estoppel
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