Dahl v. HEM Facts: (D) voluntarily submitted to medical testing in which the (P) experimented a new drug on them. The deal was that if you submit to the experiment then they would give you a year supply of the medicine. The FDA did not approve the drug for widespread use, but only for testing. Upon completion of the testing HEM refused to provide the patients with the year supply. Issue: By voluntarily submitting to the testing in which they could leave at any time was there a contract. Reasoning: A contract was formed upon completion of the testing. There was a unilateral contract. BC Tire Corp. v. GTE Directories Corp.
Facts: On February 10, 1982, Carl met with Mr. Balzarini, a GTE salesman, and signed a
form entitled "Application for Directory Advertising." At the bottom of the front side of the application, below the description of the advertising requested the following paragraph appears: " In accordance with the terms on the reverse side of this application the above applicant requests the GTE Directories Corporation to insert and/or make the changes shown in the above advertising items in the forthcoming and subsequent issues of the Telephone Directory and agrees to pay the total amount per month as shown above each month in advance on publication of said advertising items. The reverse side of the application is entitled "Terms of Application for Directory Advertising". Below the title are seven numbered paragraphs, each of which begins with an introductory word or phrase in boldface print. Among these are the following: " 1. Acceptance of Application. It is mutually understood and agreed that the publication of the advertising requested in the Telephone Directory shall constitute an acceptance of this application by the Telephone Company and the GTE Directories Corporation. Otherwise, this application is not binding on either of the parties. 3. Errors and Omissions. Neither the Telephone Company nor GTE Directories Corporation shall be liable to the applicant for damages resulting from failure to include in the directory any item of advertising specified in this application or from errors in the advertising printed in the directory in excess of the amount paid by the applicant for said item of advertising for the issue in which the error or omission occurs. Issue: Was there an initial contract?
A disclaimer clause is a device used to exclude or limit the seller's warranties; it attempts to control the seller's liability by reducing the number of situations in which the seller can be in breach. An exclusionary clause, on the other hand, restricts the remedies available to one or both parties once a breach is established. Reasoning:
Petterson v. Pattberg Facts (D) was the owner of a bond executed by Petterson which was secured by a third mortgage. (D) offered (P) on April 25, 1924 a deal that said if he could buy the mortgage for 781 less than the balance. o (P) paid the installment In late May 1924 (P) went to the home of the (D) and said that he had the money and presented the cash. (D) revoked the offer because it was sold to another company. o (P) had also found another buyer that he made a contract with. Issue: Did the (P) begin performance by stating and showing that he had the money? Was a tender made by the (P)? Rules:
Any offer to enter into a unilateral contract may be withdrawn before act requested to be done has been performed. An offer to sell property may be withdrawn before acceptance without any formal notice to the person to whom the offer is made
Reasoning: Because the offeror had the right to revoke the offer before acceptance or performance he was allowed to do so. The (P) only said that he had the money and showed the money he did not begin performance as to create and option.