About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

Case Citations [1] (July 2019 - August 2020)

handle is hein.ali/contract0190 and id is 1 raw text is: 





                                   CONTRACTS



Generally

C.A.Fed.2020.  Cit. generally in case quot. in ftn. to diss. op. In a patent-infringement dispute between
competitors in the electric-motor market, this court affirmed the district court's grant of summary
judgment for alleged infringer on the ground that a covenant not to sue contained in the parties' first
settlement had been merged into the parties' second settlement. The dissent cited Restatement Second of
Contracts § 213 in support of its argument that the majority had improperly conflated the merger
doctrine with the related but distinct parol-evidence rule, noting that, in Illinois, the Restatement of
Contracts formed the basis for the state's contract law. Molon Motor and Coil Corporation v. Nidec
Motor  Corporation, 946 F.3d 1354, 1366.



                  CHAPTER 3. FORMATION OF INFORMAL CONTRACTS

                           TOPIC   2. MANIFESTATION OF ASSENT

§ 31. Presumption  That Offer Invites a Bilateral Contract

Iowa  App.2019. Quot. in ftn. Iowa former employee appealed the decision of the state workers'
compensation  commissioner, alleging that the commissioner erred in deciding that the state workers'
compensation  commission lacked jurisdiction over plaintiff's claim, because his employment agreement
had been made  in Iowa. The trial court affirmed the commissioner's decision. This court reversed and
remanded, holding that plaintiff's acceptance of employer's conditional offer of employment created an
employment  agreement in Iowa. The court rejected defendant's assertion that its offer, which required
plaintiff to complete certain training requirements, was actually for a unilateral contract that prevented
the employment  agreement from being formed until plaintiff completed the training in Indiana, because,
under Restatement of Contracts § 31, defendant failed to offer any evidence rebutting the presumption
that such offers were bilateral. Niday v. Roehl Transport, Inc., 934 N.W.2d 29, 36.



       TOPIC  4. INFORMAL CONTRACTS WITHOUT ASSENT OR CONSIDERATION

§ 90. Promise Reasonably  Inducing Definite and Substantial Action

N.D.Tex.Bkrtcy.Ct.2019.  Quot. in case quot. in sup. Tenants involved in Chapter 13 bankruptcy
proceedings and a state-court eviction action brought claims against landlord, alleging, inter alia, that
landlord obtained in bad faith and in violation of this court's orders, a judgment for eviction by
representing to the state court that tenants owed the month-to-month rate under the parties' previous
lease, rather than the rate under the parties' most recent lease, which was the rate landlord had presented
to the bankruptcy court. This court entered judgment for debtors, holding that the fact that landlord did
not countersign the parties' most recent lease did not render it unenforceable under the Statute of Frauds,

                             COPYRIGHT ©2020 By THE AMERICAN LAW INSTITUTE
                                           All rights reserved
                                    Printed in the United States of America
          For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most