Contracts 8.25.05
Alford Notes Last Class: The last case was to give us a since of legal questions and remedies Whether or not as an appellate court we could submit the question to a jury because this is the type of question submitted to a jury might have to be a contract. What is the appropriate measure if there is a breech and the preferred is the expectancy of damages or in other words put the injured party at a place where he would have been if there was not a breech. Often times damages cannot be awarded because it is impossible to foresee what proper damages could be. Manifestation of Intent Leonard v. PepsiCo Inc. Key Question: Whether you can construe this case to be an actual offer? People have the freedom to make bad offers so why are we not holding Pepsi to this offer? o The context around the commercial shows that this is a joke.
Lucy v. Zehmer The court first said that they were both not drunk enough. o A key requirement of contracts is that you have to have the capacity to make a contract. o Here they said that he was not that drunk. The internal workings of the parties do not matter as much as the external actions. Manifestation of Intent (4 options) 1) Offerer believes; belief is reasonable; result is a contract 2) Offeree believes; Belief is not reasonable; no contract 3) The offeree does not believe; belief is not reasonable; result no contract 4) Offerer and offeree do not believe but 3rd party does; - this is like street theatre