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Case Citations [i] (Fall 2023)

handle is hein.ali/contract0196 and id is 1 raw text is: 



                                THE   AMERICAN
                                LAW INSTITUTE


                                       Fall 2023 Citations



                                   CONTRACTS



Generally

E.D.N.Y.2022.  Cit. generally in case quot. in ftn. Developers sued consultant that they had hired to help
them obtain financing for real-estate projects in Florida, after it ceased operating and terminated the
parties' relationship. This court granted summary judgment for consultant, holding that developers had
signed releases of their claims against consultant in exchange for additional promises of financing. The
court rejected developers' argument that the releases never took effect because consultant failed to
satisfy a condition precedent when it did not email evidence of certain funding to developers until four
and a half hours after the specified deadline, reasoning that the evidence indicated that developers had
waived the breach, which was not material under the Restatement of Contracts. Sands Harbor Marina
Corp. v. USI Insurance Service National, Inc., 586 F.Supp.3d 163, 175.



                             CHAPTER 1. MEANING OF TERMS

§ 12. Unilateral and Bilateral Contracts

Fla.App.2022. Com.  (a) quot. in sup. Operator of motor scooter sued insureds, alleging that defendants'
vehicle was involved in a vehicular accident that injured plaintiff. The trial court determined that no
settlement agreement existed between plaintiff and defendants' insurer. This court reversed, holding that
an enforceable settlement agreement existed between plaintiff and defendants' insurer. The court
explained that plaintiff made a valid unilateral offer to defendants' insurer, as defined by Restatement of
Contracts § 12, Comment a, when plaintiff offered to release all claims against insurer and defendants in
exchange for a specified sum, and that insurer's compliance by paying the specified sum in two separate
checks created an enforceable agreement. Koung v. Giordano, 346 So.3d 108, 114.



                  CHAPTER 3. FORMATION OF INFORMAL CONTRACTS

                    TOPIC   3. CONSIDERATION AND ITS SUFFICIENCY

§ 76. What Acts or Forbearances  Are Sufficient Consideration for a Unilateral Contract

Fla.App.2022. Com.  (a) cit. in sup. Operator of motor scooter sued insureds, alleging that defendants'
vehicle was involved in a vehicular accident that injured plaintiff. The trial court determined that no

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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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