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Studying and Exam Taking / Re: contracts questions
« on: December 07, 2008, 09:36:13 AM »
disclaimer: i'm a 1L in the middle of studying for contracts as well so i could be totally wrong.
1) On the exam, I'm sure if you find a way around it you can always argue for reliance damages (think of Grant Gilmore's skepticism of how you can find reliance damages in everything so promissory estoppel is a never-ending game). But technically speaking it's when the promisee incurs some detriment because they thought the promise was for real - so reliance damages need to restore them back to the way they would have been had the contract not been performed/relied on.
2) Adhesion contracts are unconscionable if they don't give you the option to walk away from it. that's why even though EULA's (the extremely long, convoluted contracts that pop up when you download a file and it says "Accept" or not) seem a bit unfair by forcing you take all or nothing, at least they give you the option so they're not unconscionable). also, they're unconscionable if they dupe you somehow into signing it or signing into terms you didn't understand.
1) On the exam, I'm sure if you find a way around it you can always argue for reliance damages (think of Grant Gilmore's skepticism of how you can find reliance damages in everything so promissory estoppel is a never-ending game). But technically speaking it's when the promisee incurs some detriment because they thought the promise was for real - so reliance damages need to restore them back to the way they would have been had the contract not been performed/relied on.
2) Adhesion contracts are unconscionable if they don't give you the option to walk away from it. that's why even though EULA's (the extremely long, convoluted contracts that pop up when you download a file and it says "Accept" or not) seem a bit unfair by forcing you take all or nothing, at least they give you the option so they're not unconscionable). also, they're unconscionable if they dupe you somehow into signing it or signing into terms you didn't understand.
