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| Objective Standard of Contract Interpretation |
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Definition
| the meaning of words, conduct, and circumstances is determined from the perspective of a reasonable person. The reasonable person can be a universal observer, a universal person placed in the position of the recipient of the communication or a person with the social identity of the recipient of the communication. |
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| developing or evolving in a steady, consistent, and undeviating way. |
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| having originated in and being produced, growing, living, or occurring naturally in a particular region or environment |
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| a contract (often a signed form) so imbalanced in favor of one party over the other that there is a strong implication it was not freely bargained. |
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1. An expressed or implied promise, not under seal, by which one person undertakes to do some act or pay something to another.implication it was not freely bargained.
2. A common law action by which compensation in damages may be recovered for the nonperformance of a contract express or implied, written or verbal, but not under seal and not of record. |
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| (Latin) of one’s own accord, voluntarily: Upon his own responsibility; of his own motion. |
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| The cause, source, or origin of anything; that from which a thing proceeds, as the principle of motion, the principles of action; ground, foundation, that which supports an assertion, an action, or a series of actions, or of reasoning; a general truth; a law comprehending many subordinate truths; as the principles of morality, of law, of government. |
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| (latin for "let the decision stand" a doctrine requiring that judges apply the same reasoning to lawsuits as has been used in prior similar cases. (nolo) The doctrine or principle that decisions should stand as precedents for guidance in cases arising in the future. A strong judicial policy that the determination of a point of law by a court will generally be followed by a court of the same or a lower rank in a subsequent case which presents the same legal problem, although different parties are involved in the subsequent case. |
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| NeoClassical Economic Model |
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| the art or science of all specialized uses of language |
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| a metaphoric place, a place in thought where people can meet and share ideas and arguments. Meeting of the minds (common sense) pg 25 |
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| the practice of begging, condition of a begger (online) |
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| a gift or charitable action (from a family member) pg 31 |
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| system of government that upholds the autonomous character of the economic order, believing that government should intervene as little as possible in the direction of economic affairs. Pg 35 |
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| Relating to or based on the production, distribution, and consumption of goods and services. Pg. 37 |
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| Dependence on others actions. People place trust on others. Reliance is reasonable if other person voluntarily assumes burden of reliance. Values trust and protects those who are injured, helping them seek compensation. Pg.40 |
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Term
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aka detrimental reliance.
Nolo law dictionary: A legal principle that prevents a person who made
a promise from reneging when someone else has reasonably relied on the
promise and will suffer a loss if the promise is broken.
According to § 90 of the Restatement of Contracts : “A promise which
the promisor should reasonably expect to induce action or forbearance
of a definite and substantial character on the part of the promisee
and which does induce such action or forbearance is binding if
injustice can be avoided only by enforcement of the promise.”
Example: Dews v. Halliburton |
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Equitable estoppel. A party cannot sue based on a
fact that is critical to a contract and deliberately hidden or
mistated by that party. "Equitable estoppel is the effect
of the voluntary conduct of a party whereby he is absolutely
precluded, both at law and in equity, from asserting rights which
might, perhaps, have otherwise existed, either of property, of
contract, or of remedy, as against another person who in good faith
relied upon such conduct, and has been led thereby to change his
position for the worse, and who on his part acquires some
correspondingg right, either of property, of contract, or of remedy.”" |
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Term
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“The restitution
principle holds that one who violates a duty or commits some wrong
ought to be required to repair any injury she or he has caused...
closely associated with (or reduced to) the idea that one ought to pay
for a benefit unjustly.” (pg 43) |
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Term
| Unjust enrichment(all 3 elements from page 51) |
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Definition
1.Plaintiff must show she conferred a benefit on the Defendant and
that the Defendant retained the benefit.
2.Plaintiff must show she did not confer the benefit as a gift, and
some courts, as in Sceva, say that the Plaintiff must prove that she
conferred the benefit “with an expectation of payment” and
3.Plaintiff must prove she was not acting “officiously” in confering
the benefit. To avoid the charge of officiousness, that Plaintiff must
show some good reason (like emergency) why she did not first negotiate
a contract with the Defendant before conferring the benefit. |
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Dying without a legal will. Distribution is overseen by
a probate court. |
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Webster's “volunteering one's service where they are
neither asked nor needed.” |
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| living together in the same residence, either as spouses or unmarried partners. Cohabitation is often a reason for termination of alimony, on the assumption that a person cohabiting with another no longer needs the support of a former spouse. (nolo) |
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| if there is evidence in writing (such as a signed contract) the terms of the contract cannot be altered by evidence of oral (parol) agreements purporting to change, explain or contradict the written document. |
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| the use of ambiguous expressions, especially in order to mislead or hedge; prevarication. |
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| A decision or determination of a point of law made by a court in a case to be followed by a court of the same rank or of a lower rank in a subsequent case presenting the same legal problem, although different parties are involved in the subsequent case. 20 Am J2d Cts § 183. The decision of an administrative agency. |
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| A presumption that is strong enough to make a prima faciecase, but that is subject to being overcome by the presentation of stronger evidence to the contrary. |
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| Fermented green forage fodder stored in a silo |
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| a person or thing that is typical of or possesses to a high degree the features of a whole class |
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| Assignment or partial assignment of an oil and gas lease from one lessee to another lessee |
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