« on: December 04, 2004, 10:59:53 AM »
We should join forces and write a K casebook.
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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.
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.
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.