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Case Citations July 2015 through February 2016 [1] (2015-2016)

handle is hein.ali/seccontract0181 and id is 1 raw text is: 





                                  CONTRACTS 2D





  Generally

  Colo.2015. Cit. generally in disc., cit. generally in treatise cit. in disc. In a case in which holder of a lien
  on car-accident victim's proceeds from a personal-injury claim brought a breach-of-assignment action
  against tortfeasor's liability insurer, this court held that the purported assignment of rights to payment
  was ineffective because the assignment agreement was inadequate. In reaching its decision, the court
  acknowledged that Colorado courts looked to the Restatements of Contracts as persuasive authority on
  the law of assignments. Allstate Insurance Company v. Medical Lien Management, Inc., 348 P.3d 943,
  946, 947.



                               CHAPTER 1. MEANING OF TERMS

  § 1. Contract Defined

  Iowa, 2015. Com. (c) quot. in sup. Husband and wife who were guests at a resort that provided free
  alcoholic beverages brought an action under Iowa's dramshop law against resort, among others, alleging
  that defendant was liable for injuries husband received from an assault by an intoxicated guest. The trial
  court granted defendant's motion for summary judgment, finding that defendant did not sell guest
  alcoholic beverages because defendant did not charge for the beverages and guest's father paid for his
  stay at the resort. Reversing and remanding, this court held that defendant sold guest alcoholic beverages
  within the meaning of the statute. Citing Restatement Second of Contracts § 1, Comment c, the court
  pointed out that defendant provided paying guests with the amenity of free alcoholic beverages during
  boat cruises that were included in the price for a stay at the resort, and there was no evidence that the
  cost of guest's stay did not include the alcoholic beverages. Sanford v. Fillenwarth, 863 N.W.2d 286,
  293.

  § 2. Promise; Promisor; Promisee; Beneficiary

  S.D.2014. Quot. in case quot. in sup. Former employee sought workers' compensation benefits under a
  theory of promissory estoppel from former employer's insurer, alleging that insurer promised to pay his
  medical bills, and he relied on that promise and let the statute of limitations on his claim against another
  former employer to run. The Department of Labor ruled in favor of insurer and the trial court affirmed.
  Affirming, this court held, inter alia, that plaintiff did not establish by clear and convincing evidence that
  defendant promised to pay plaintiff's medical bills in perpetuity. Quoting Restatement Second of
  Contracts § 2, the court noted that the promise needed to justify plaintiff in understanding that a
  commitment  had been made. Martz v. Hills Materials, 857 N.W.2d 413, 418.

  Vt.2015. Subsec. (1) quot. in sup. Former town manager who was terminated from his position brought
  claims sounding in, among other things, promissory estoppel against town and its individual selectboard



oA L l  r,   For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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