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Case Citations [1] (July 2019 - August 2020)

handle is hein.ali/seccontract0190 and id is 1 raw text is: 






                                CONTRACTS 2D




                              CHAPTER 1. MEANING OF TERMS

§ 1. Contract Defined

D.Md.2019.  Quot. in sup. Insurer sued insurance broker, alleging, among other things, that broker
breached the exclusivity clause in the parties' marketing agreement by negotiating with another insurer.
This court denied broker's motion to dismiss, in which broker argued that no breach of contract occurred
because the parties had entered into a novation, holding that no novation occurred, and that insurer
stated viable claims for breach of contract and anticipatory breach of contract. In making its decision,
the court noted that, under Restatement Second of Contracts § 1, a contract was defined as a promise or
set of promises for breach of which the law gave a remedy, or the performance of which the law in some
way recognized as a duty. Transamerica Premier Life Insurance Company v. Selman & Company,  LLC,
401 F.Supp.3d 576, 591.

Wash.App.2020.   Quot. in sup. Condominium  owners, individually and derivatively on behalf of
condominium   master association, brought a lawsuit against condominium developers, residential
association, master association, and board members of master association, alleging, inter alia, that
residential association violated provisions in the residential-association declaration by entering into a
settlement agreement with developers arising from construction defects in the condominium, because
the settlement shifted litigation costs onto plaintiffs in an improper manner. The trial court granted in
part defendants' motion for summary judgment. This court affirmed in part, holding that plaintiffs failed
to allege sufficient facts to sustain their breach-of-contract claim. The court explained that the
declaration was not a contract under Restatement Second of Contracts § 1, because it was not a promise
between parties, but rather a recorded real-property instrument, and condominium owners were not
bound to declarations under the same rules as parties to a contract. Mohandessi v. Urban Venture LLC,
459 P.3d 407, 419.

§ 2. Promise; Promisor; Promisee;  Beneficiary

Ohio App.2020.  Com.  (b) quot. in case quot. in sup. After she was terminated following reports from
auditors suggesting she engaged in financially improper conduct, former school treasurer brought
breach-of-contract claims against board of education, alleging, inter alia, that defendants failed to pay
for unused leave time pursuant to the parties' employment agreement. The trial court entered judgment
in part for plaintiff. This court affirmed in part, reversed in part, and remanded, holding that the trial
court did not err in granting plaintiff's motion for summary judgment on the issue of liability, because
the severance and leave-time clauses in the parties' employment agreement were enforceable. The court
cited Restatement Second of Contracts § 2, Comment b, in rejecting defendant's argument that the
clauses were illusory because plaintiff was entitled to pay regardless of whether she actually performed,
because the fact that plaintiff was obligated to furnish a valid and appropriate certificate to act as a
treasurer and to perform her duties in accordance with state law constituted consideration that rendered


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

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