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Case Citations [1] (July 2018 through August 2019)

handle is hein.ali/contract0188 and id is 1 raw text is: 





                                   CONTRACTS



                  CHAPTER 3. FORMATION OF INFORMAL CONTRACTS

                    TOPIC   3. CONSIDERATION AND ITS SUFFICIENCY

§ 81. Adequacy  of Consideration

D.D.C.2019.  Com. (a) quot. in ftn. Public employee brought a lawsuit against the U.S. Department of
State and the Secretary of State, alleging, inter alia, that he was subjected to a hostile work environment
and was discriminated against on the basis of race. This court granted defendants' motion to dismiss,
holding that plaintiff's claims were barred by a settlement agreement in which plaintiff had agreed to
withdraw all claims for defendants' alleged conduct that occurred prior to the agreement and defendants
had agreed to take actions to facilitate plaintiff's career advancements. The court cited Restatement of
Contracts § 81, Comment a, in explaining that the settlement agreement had legally sufficient
consideration because both parties had assented to their respective promises as being the price of their
benefits under the agreement. Moore v. United States Department of State, 351 F.Supp.3d 76, 89.



       TOPIC  4. INFORMAL CONTRACTS WITHOUT ASSENT OR CONSIDERATION

§ 90. Promise Reasonably  Inducing Definite and Substantial Action

N.D.Ala.2018. Quot. in sup. County and sheriff who managed county jail sued provider of healthcare at
the jail and provider's insurer, alleging, among other things, breach of contract and promissory estoppel
against provider based on its failure to indemnify plaintiffs in accordance with their health-services
agreement in connection with five underlying actions by inmates who claimed that plaintiffs acted with
deliberate indifference to their medical needs. This court granted summary judgment for provider on
plaintiffs' promissory-estoppel claim, holding that it was undisputed that a valid agreement governed the
parties' respective rights and obligations, including provider's duty to indemnify plaintiffs, and that
plaintiffs therefore could not state a claim for promissory estoppel in connection with that same promise
under Restatement of Contracts § 90. Madison County v. Evanston Insurance Company, 340 F.Supp.3d
1232, 1290.

Iowa, 2018. Cit. in cases cit. in sup. Farmer who was leased land by decedent brought a lawsuit against
decedent's estate, alleging, inter alia, that, under the theory of promissory estoppel, decedent had made
an enforceable promise to sell him the leased land, because plaintiff had made substantial improvements
to the land while relying on the promise. The trial court granted defendant's motion for summary
judgment. The court of appeals affirmed in part and reversed in part. This court vacated the decision of
the court of appeals and reversed in part and remanded, holding, inter alia, that there was a genuine
dispute of material fact as to whether plaintiff had made his improvements on the land in reliance upon
decedent's alleged promise. The court cited Restatement of Contracts § 90 in explaining that decedent's
promise would be binding under the theory of promissory estoppel if the factfinder determined that


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

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