In order for a valid contract to be formed, an "offer must be so definite as to its material terms or require such definite terms in the acceptance that the promises and performances to be rendered by each party are reasonably certain."
Page 262, Paragraph 3
Modifications are binding if fair and equitable in view of circumstances unanticipated by the parties when the contract was made.
If someone wants to overpay for services, the court cannot impose their own price.
Page 271, Paragraph 2
A term is essential if "it seriously affects the rights and obligations of the parties and there is a significant evidentiary dispute as to its content."
...circumstantial evidence may support the inference of such an agreement to forbear. However, such an inference must rest upon something more than the mere failure to institute immediate suit.
A quasi-contract requires that the services were:
- carried out under such circumstances as to give the recipient reason to understand that they were performed for him and not for some other person and that they were not gratuitous
- beneficial to the recipient
Page 158, Paragraph 4
An order or other offer to buy goods for prompt or current shipment shall be construed as inviting acceptance either by a prompt promise to ship or by the prompt or current shipment of conforming or non-conforming goods, but such a shipment of non-conforming goods does not constitute an acceptance if the seller seasonably notifies the buyer that the shipment is offered only as an accommodation to the buyer.
An accommodation is an arrangement or engagement made as a favor to another.
Forbearance in good faith is sufficient even when the claim forborne from is invalid.
A minor is required to return any remaining property he has when he disaffirms a contract for a purchase.
Hamer v. Sidway (2)
A monetary gain or loss is not needed for consideration, only an impediment of a legal right.
While there is "no duty to speak for the information of the other, . . . if he does speak, . . . he is bound to speak honestly and to divulge all the material facts bearing upon the point that lie within his knowledge."
Whether an offer has been made depends on the object reasonableness of the alleged offeree's belief that the advertisement or solicitation was intended as an offer. An obvious joke would not give rise to a contract.
Maryland National Bank v. United Jewish Appeal Federation of Greater Washington
The Charitable Subscription Exception is not followed in Maryland.
Consideration requires one to require something conditional on your act.
A presumption of gratuitousness exists in familial and marriage-like relationships.
Gratuitous benefits do not constitute unjust enrichment.
- Page 312, Paragraph 3
An "offer is made when the offer leads the offeree to reasonably believe that an offer has been made."
- Page 312, Paragraph 3, Bottom
Factors relevant in determining whether a price quotation is an offer include the extent of prior inquiry, the completeness of the terms of the suggested bargain, and the number of persons to whom the price quotation is communicated.
Quasi contracts are obligations imposed by law on ground of justice and equity. Their purpose is to prevent unjust enrichment. Unlike express contracts or contracts implied in fact, quasi contracts do not rest upon the assent of the contracting parties.
The "officious intermeddler doctrine" holds that where a person performs labor for another without the latter's request or implied consent, however beneficial such labor may be, he cannot recover therefor. An exception is that of emergency aid, where the service is needed to prevent the others' bodily harm.
Maryland doesn't help. Just look at Restatement § 87(2). It's basically made for this exact situation.
When a gift's consideration has an overall benefit to the giver, it is implied to be consideration.
Disposing of something at a cost is a sort of payment.
Page 253, Paragraph 1In determining whether the parties intended to reduce their agreement to writing, the following factors may be considered:
- Whether the agreement contains many or few details
- Whether the agreement involves a large or small amount of money
- Whether the agreement requires a formal writing for the full expression of the covenants
- Whether the negotiations indicated that a formal written document was contemplated at the completion of the negotiations
Others that might be considered are:
- Page 530, Paragraph 3
- Page 531, Paragraph 2
- Page 531, Paragraph 2
Still other courts have determined that the two elements need not have equal effect but work together, creating a "sliding scale" of unconscionability.
Note:This has since become the majority.
Note:Don't apply as general rule.
- Page 495, Bottom
- The party alleging economic duress must show that he has been the victim of a wrongful or unlawful act or threat, and
- Such act or threat must be one which deprives the victim of his unfettered will.
- Page 496, Top
- One party involuntarily accepted the terms of another,
- Circumstances permitted no other alternative, and
- Such circumstances were the result of coercive acts of the other party.
Must have reciprocal inducement.
Where the promisee cares for, improves, and preserves the property of the promisor, though done without his request, it is sufficient consideration for the promisor's subsequent agreement to pay for the service, because of the material benefit received.
A infant is liable for necessaries provided to him.
The term 'necessaries,' as used in the law relating to the liability of infants therefor, is a relative term, somewhat flexible, except when applied to such things as are obviously requisite for the maintenance of existence, and depends on the social position and situation in life of the infant, as well as upon his own fortune and that of his parents.
The test is whether the terms are "so extreme as to appear unconscionable according to the mores and business practices of the time and place," in light of the circumstances existing when the contract was made.
The value of the property sold, as compared with the price paid, is no ground for a rescission of a sale.