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