About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

Case Citations [1] (Fall 2024)

handle is hein.ali/contract0198 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Fall 2024 Citations CONTRACTS CHAPTER 3. FORMATION OF INFORMAL CONTRACTS TOPIC 2. MANIFESTATION OF ASSENT § 60. Purported Acceptance Which Adds Qualifications Pa.Cmwlth.2023. Quot. in case quot. in sup. Township filed a petition for enforcement against property owners who were issued four notices of zoning violations, after owners failed to timely resolve the violations or appeal the notices. After a bench trial, the trial court ordered owners to cease, desist, and cure the violations, and denied owners' motion to enforce a settlement agreement they had purportedly entered with township. This court affirmed, holding that an enforceable agreement was not formed, because subsequent negotiations by the parties indicated that the parties held different views on whether the purpose of the agreement included absolving owners of their obligation to comply with the trial court's initial order to cease, desist, and cure the violations. The court cited Restatement of Contracts § 60 in observing that a reply to an offer that purported to accept the offer but added qualifications was not an acceptance, but rather, a counteroffer. East Penn Township v. Swartz, 304 A.3d 116, 128. CHAPTER 10. CONDITIONS; AND BREACH OF PROMISE AS AN EXCUSE FOR FAILURE TO PERFORM A RETURN PROMISE TOPIC 3. CONSTRUCTIVE CONDITIONS AND FAILURE OF CONSIDERATION IN PROMISES FOR AN AGREED EXCHANGE § 288. Frustration of the Object or Effect of the Contract W.D.Wash.2023. Cit. in ftn. Charterer of a barge sued owner of the barge, seeking a declaration that the parties' bareboat charter agreement was valid and binding, after owner unilaterally sought to double the monthly charter hire rate specified in the agreement. This court granted charterer's motion for a preliminary injunction preventing owner from declaring charterer in default for failing to pay the higher rate and from arresting the barge, holding that owner had not met its burden to show that it was likely to COPYRIGHT (02024 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:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most