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Case Citations [1] (July 2021 - April 2022)

handle is hein.ali/seccontract0192 and id is 1 raw text is: CONTRACTS 2D Generally D.Ariz.2021. Cit. generally in sup., cit. generally in cases cit. and quot. in sup. Undergraduate students filed a class action against university after university instructed students to leave campus and to begin attending class remotely during a pandemic, seeking a refund of, among other things, housing costs and fees. This court denied in part university's motion to dismiss, holding that students stated a claim for breach of contract against university based on costs for housing and fees for services that were not actually provided. The court rejected university's argument that students' claims failed as a matter of law because it was impossible for it to perform, reasoning that, even if the defense of impracticability of performance applied, the Restatement Second of Contracts recognized that it was generally appropriate to allow a party who had performed to seek restitution. Hannibal-Fisher v. Grand Canyon University, 523 F.Supp.3d 1087, 1097. D.D.C.2020. Cit. generally in sup. United States sued former National Security Advisor, alleging, among other things, that defendant breached nondisclosure agreements with the government by publishing his memoir before completing prepublication review and by disclosing classified information. This court denied defendant's motion to dismiss, holding that plaintiff sufficiently alleged that defendant violated his prepublication-review obligation by sharing his manuscript before the review ended. The court explained that defendant was not required to have had a particular state of mind, because contractual requirements imposed strict liability by default under federal common law, which followed general principles of contract law set forth in the Restatement Second of Contracts. United States v. Bolton, 496 F.Supp.3d 146, 153. E.D.Pa.Bkrtcy.Ct.2021. Cit. generally in ftn. Chapter 7 trustee of debtor's estate filed an adversary proceeding against debtor and his wife, seeking to avoid as fraudulent debtor's transfer of his sole interest in the real property where he and his wife resided to himself and wife jointly. This court denied trustee's motion to enforce an alleged oral settlement between the parties after the parties were unable to memorialize the settlement in a written agreement, and held that no contract was formed under the Restatement Second of Contracts, because the parties did not reach a meeting of the minds regarding a material term of the purported settlement, namely, whether it provided for payment of debtor's exemption claim from the proceeds of the sale of the property. The court noted that Pennsylvania courts regularly employed the Restatement Second of Contracts when resolving contract disputes. In re Carbone, 626 B.R. 262, 266. Cal.App.2021. Cit. generally in disc. Widow brought a malpractice claim against attorney who had represented her, alleging that defendant failed to ensure that her now-deceased husband signed a waiver of legal representation before executing a prenuptial agreement with plainiff, resulting in the agreement being unenforceable and plaintiff being forced to enter into an unfavorable settlement agreement with decedent's children in subsequent probate litigation. The trial court entered judgment for defendant. This court reversed, holding, inter alia, that decedent could not contravene the statutorily-required waiver by ratifying the prenuptial agreement through his acknowledgment of it in testamentary documents. The court noted that defendant looked to the Restatement Second of Contracts in arguing that decedent's COPYRIGHT ©2022 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.

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