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Contracts I - Promises
Final Exam
16
Law
Graduate
11/26/2011

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Cards

Term
No; Congregation v. DeLeo
Definition
Are gratuitous promises by itself? unenforceable? And what case does this relate to?
Term
Congregation v. DeLeo
Definition
Holding: An oral promise to donate money is unenforceable
Term
Hamer v. Sidway
Definition
Holding: Forbearance from a lawful act at the request of another is sufficient consideration for a contract
Term
Fischer v. Union Trust
Definition
Holding: Mere love and affection do not constitute sufficient consideration when the claim itself is illegal
Term
Duncan v. Black
Definition
Holding: Forbearance to sue on a claim is not sufficient consideration when the claim itself is illegal
Term
Mills v. Wyman
Definition
Holding: A moral obligation is insufficient as consideration for a promise
Term
Webb v. McGowin
Definition
Holding: A moral obligation is a sufficient consideration to support a subsequent promise to pay where the promisor has received a material benefit
Term
Seavey v. Drake
Definition
Holding: Specific performance of a parol contract to convey land is decreed in favor of the vendee who has performed his part of the contract, when a failure or refusal to convey would operate as a fraud upon him
Term
Kirksey v. Kirksey
Definition
Holding: To be legally enforceable an executor promise must be supported by sufficient, bargained-for consideration
Term
Ricketts v. Scothorn
Definition
Holding: A promise may be legally binding without consideration if it reasonably induced action or forbearance and if injustice will be avoided by its enforcement
Term
Allegheny College v. National Chautauqua Bank
Definition
Holding: The acceptance of a charitable subscription by the trustees of a charity implies a promise on their part to execute the work contemplated and to carry out the purposes for which the subscription was made
Term
First Nat’l Bank of Logansport v. Logan Mfg,
Definition
Holding: Where there is no contract, a plaintiff may recover on a theory of promissory estoppel , whereby the plaintiff relied to his or her detriment on a promise, causing him or her to substantially change position
Term
Thomason v. Becher
Definition
Holding: When an option contract under seal provides for nominal consideration by one party, a failure by that party to provide that consideration will not invalidate the agreement
Term
James Baird v. Gimbel Bros
Definition
Holding: The doctrine of promissory estoppel shall not be applied in cases where there is an offer for exchange as the offer is not intended to become a promise until a consideration is received
Term
Drennan v. Star Paving
Definition
Holding: Reasonable reliance on a promise binds an offeror even if there is no other consideration
Term
(1): Claim upon which the settlement is made must be in good faith

(2): Settlement must have a legal, credible or reasonable foundation

Duncan v. Black
Definition
What are the two elements of valid consideration on a settlement claim? And what case does this stem from?
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