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Messages - jeffjoe

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91
Current Law Students / Re: Soooo frustrated with contracts studying
« on: December 04, 2004, 10:59:53 AM »
We should join forces and write a K casebook.   :D

92
Check with the school you get accepted to before you buy.

My school does not allow any laptops for exams. period.  True "Stone-Age" Doctrine.

same here.

93
You're going through what everyone else has gone through.  No matter the outcome you'll survive.  Do something to take your mind off it.  Paint the house.

94
As far as I know there are only three statuses of applications:

1) accepted
2) rejected
3) being reviewed by the committee


95
If you get a Dell, make sure you get at least 3 year service agreement.

96
Current Law Students / Re: 1L's when are you applying for Summer Jobs?
« on: December 03, 2004, 09:02:09 AM »
I've been to London twice.  I really enjoyed it.  But I didn't go in winter. 

97
Current Law Students / Re: Soooo frustrated with contracts studying
« on: December 03, 2004, 08:36:46 AM »
it would be nice to have it over sooner, but then it's nice to have more time to learn the material.  torts is a year long class, too.

98
Current Law Students / Re: Soooo frustrated with contracts studying
« on: December 02, 2004, 03:06:39 PM »
We have a year long K class.  We have a mid-term on Jan. 3rd, so I'm getting some time to study for Christmas.

99
Current Law Students / Re: Soooo frustrated with contracts studying
« on: December 02, 2004, 02:04:43 PM »
Stop, stop.  I'm learning! 


Only if I invite an acceptance by performance.

If I say, "If you promise to paint my house, I'll pay you $500 to paint it" and you don't reply, but later start to paint it... you're making a gift of half a paint job.

If I say, "If you paint my house, I'll pay you $500." and start to paint it, you have accepted my offer and we have a contract.


Thus the key difference between a bilateral "promise for a promise" K and a unilateral "promise for performance" K.

100
Current Law Students / Re: Soooo frustrated with contracts studying
« on: December 02, 2004, 01:27:03 PM »
Only if I invite an acceptance by performance.

If I say, "If you promise to paint my house, I'll pay you $500 to paint it" and you don't reply, but later start to paint it... you're making a gift of half a paint job.

If I say, "If you paint my house, I'll pay you $500." and start to paint it, you have accepted my offer and we have a contract.

Our prof said to think of promissory estoppel as a substitute for consideration.
I took another look at my notes on this. The prof. considers this an older view, where enforcing K would be the remedy for partial performance.

Just trying to figure this stuff out. Since this guy's particular, it's definitely a case of "go with what the prof. wants."

When you have partial performance by one party, Restatement 2d $ 45 will allow the K to be enforced b/c $ 45 bars revocation of the offer once partial performance has begun.  Especially in cases where you have something that cannot be completed in a short amoun of time, like a construction project (which is a whole other can of worms, sorry for bringing it up).  Lets say the K to paint the house.  The offer is put out there by JeffJoe to paint his house for $500 bucks.  You start painting it, get 1/2 way done, then Jeff Joe comes out and tells you he takes back the offer for $500 bucks.  Is there a K?

Section 45 says yes because this offer can be said to be a Unilateral K where your acceptance is manifested by your performance.  So we have a unilateral offer from JeffJoe, plus a unilateral acceptance by your performance.  Offer, Acceptance, Consideration.  Paint the house for $500.  Benefit to JeffJoe to get his house painted, detriment to you for your labor, bargained for exchange is the job done for the money.

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