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Case Citations [1] (July 2017 through August 2018)

handle is hein.ali/seccontract0186 and id is 1 raw text is: 





                                CONTRACTS 2D



Generally

C.A.8, 2018. Cit. generally in sup. In determining that an employer could not change the terms of its
unilateral offer to pay a bonus to its employees who remained in their positions for five years after those
employees  accepted the offer by commencing performance, this court held, among other things, that the
Supreme  Court of Missouri would likely conclude, consistent with Restatement Second of Contracts §
45, that the beginning of performance rendered the offer of a unilateral contract binding so that the
offeror could no longer revise its terms. In making its decision, the court noted that the Supreme Court
of Missouri routinely found the Restatement Second of Contracts persuasive. Boswell v. Panera Bread
Company,  879 F.3d 296, 303.

D.D.C.2017.  Cit. generally in sup. In an action against the federal government and others by former
federal prisoner who was mistakenly held in custody for three days after the date that he should have
been released, this court granted defendant's motion for summary judgment on plaintiff s claim for
breach of contract, holding that plaintiff did not, by applying for and being accepted into an early-release
program, enter into a binding contract with defendant that required it to ensure that he was released on a
specified day. The court relied on principles of the federal common law of contracts, many of which
were reflected in the Restatement Second of Contracts, in concluding that defendant did not manifest the
requisite intent to enter into a legally binding obligation. Gibson v. District of Columbia, 270 F.Supp.3d
241, 246.

D.P.R.2016. Cit. generally in case cit. in sup. In an action by arrestee who was shot by federal agents
during the execution of a search warrant, this court denied the government's motion for summary
judgment, holding that a question of fact remained as to whether the agents reasonably believed that
they needed to shoot arrestee in self-defense under Restatement Second of Torts § 65. In making its
decision, the court noted that, in cases where Puerto Rico law had not diverged from common-law
principles, it considered the Restatement Second of Torts and Restatement Second of Contracts in the
absence of controlling Puerto Rico law. Escalera-Salgado v. United States, 261 F.Supp.3d 163, 168.



                              CHAPTER 1. MEANING OF TERMS

§ 1. Contract Defined

Ark.App.2017.  Com.  (c) cit. in diss. op. Following the discovery that their home had settling and other
problems, homebuyers  filed a breach-of-contract claim against former real-estate agent that had failed to
provide them with sellers' disclosure and had advised them against getting a home inspection. The trial
court entered summary judgment for defendant. This court affirmed, holding, inter alia, that defendant
was not a party to the offer-and-acceptance real-estate contract between sellers and plaintiffs. The
dissent cited Restatement Second of Contracts § 1, Comment c, in explaining that a contract could be a
set of promises and that there could be multiple promisors and multiple promisees in one contract, and




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

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