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Case Citations [1] (Fall 2023)

handle is hein.ali/seccontract0195 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Fall 2023 Citations CONTRACTS 2D Generally W.D.Wash.2022. Cit. generally in sup. Time charterer of a barge sued owner of the barge, seeking to recover for damages sustained by the barge during the charter periods. This court denied plaintiff's motion for partial summary judgment, holding that, aside from four specifically delineated exceptions, the time charters unambiguously provided for knock for knock indemnification-requiring each party to assume responsibility for its own injuries or damages without regard to fault-and did not impose strict liability on defendant for damage to the barge. In making its decision, the court relied in part on principles of contract interpretation set forth in the Restatement Second of Contracts, noting that the Ninth Circuit looked to the Restatement Second of Contracts to determine basic elements of contract law. DeForge Maritime Towing, LLC v. Alaska Logistics, LLC, 591 F.Supp.3d 939, 948. CHAPTER 1. MEANING OF TERMS § 1. Contract Defined Fla.App.2022. 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 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 cited Restatement Second of Contracts §§ 1 and 17 in illustrating fundamental contract-law principles, and explained that, here, plaintiff made a valid unilateral offer to defendants' insurer when plaintiff offered to release all claims against insurer and defendants in exchange for a specified sum, and insurer validly accepted the offer by complying with plaintiff's demand for insurer to pay the specified sum in two separate checks. Koung v. Giordano, 346 So.3d 108, 114. § 2. Promise; Promisor; Promisee; Beneficiary E.D.Pa.2022. Subsec. (1) quot. in sup. Tenured professor at university sued university, alleging, among other things, that university breached the policy on misconduct contained in his employment agreement with university by conducting preliminary assessments of a research paper he had co-authored-that was previously found to remain accepted and competent scientific research following an investigation by another university and a medical association-which were longer in duration and more searching in their review than permitted by the policy. This court granted in part university's motion to dismiss, COPYRIGHT (2023 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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