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Case Citations [1] (July 2017 through April 2018)

handle is hein.ali/contract0185 and id is 1 raw text is: 





                                   CONTRACTS





                  CHAPTER 3.   FORMATION OF INFORMAL CONTRACTS

      TOPIC   4. INFORMAL CONTRACTS WITHOUT ASSENT OR CONSIDERATION

§ 90. Promise Reasonably Inducing Definite and Substantial Action

Ark.App.2017.  Quot. in sup. (general cite). Licensed practical nurse sued school district, its executive
director of support services, and others, alleging that she resigned from her prior employment after a
telephone conversation with director in which he let her know a position was available, asked her to
come in for an interview the next day, and promised her that she would get the job. The trial court
granted defendants' motion to dismiss plaintiff's claim sounding in promissory estoppel under
Restatement of Contracts § 90. This court affirmed, holding that plaintiff's reliance on any alleged
promise by director was not reasonable, because there was no written contract between the parties, and
plaintiff was presumed to know that the school district was not liable on a purported contract unless it
was in writing and approved by the school board. The court additionally pointed out that, according to
plaintiff's own allegations, she resigned from her prior employment before she went in for the interview.
Johnson v. Blytheville School District by its Board of Directors, 516 S.W.3d 785, 787.



CHAPTER 6. CONTRACTUAL RIGHTS OF PERSONS NOT PARTIES TO THE CONTRACT

§ 145. Beneficiaries Under Promises to the United States, a State, or a Municipality

W.D.N.Y.2017.  Cit. in case quot. in disc. (general cite). Insureds under a health-insurance plan brought
a putative class action for breach of contract and other claims against health-insurance provider in
connection with a data breach in which hackers secured access to plaintiff's confidential health-care
information from defendant, alleging that they were intended third-party beneficiaries of certain data-
security provisions in a contract between defendant and the government. This court granted in part
defendant's motion to dismiss, holding that plaintiffs were not intended third-party beneficiaries of the
contract. The court rejected plaintiffs' argument based on a California district-court opinion that
followed Restatement of Contracts § 145 in evaluating a third-party beneficiary's claim to enforce a
federal contract with the defendant, noting that the California opinion did not address the plaintiffs'
status as intended third-party beneficiaries. Fero v. Excellus Health Plain, Inc., 236 F.Supp.3d 735, 767.



                CHAPTER 9. THE SCOPE AND MEANING OF CONTRACTS

                                TOPIC   1. INTERPRETATION

§ 235. Rules Aiding Application of Standards of Interpretation




           For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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