Inconvenience and injustice would result if matters in writing, made with consideration, and intended to embody the entire agreement were liable to be controlled by the uncertain testimony of slippery memory. - Lord Coker, quoted in Thompson v. Libby
I hope to heck that for once, I'm not Slippery.
In a commercial transaction it does not promote justice to seek strained interpretations in aid of those who don't protect themselves. - Judge Learned Hand, James Baird Co. v. Gimbel Bros., Inc.
On the other "Hand," the Lord helps those who help themselves. Or something. Anyway, I've helped myself about as much as I can.
Reasonable reliance resulting in a foreseeable prejudicial change in position affords a compelling basis for implying a subsidiary promise not to revoke an offer for a bilateral contract. - Justice Traynor, Drennan v. Star Paving Co.
In other words, if you build it, they will come. And if they don't, we'll sue 'em all. Also, those who study a lot should get better grades.
1 comment:
I hear ya. Contracts is my first exam (tomorrow morning).
"I pitty the fool that values the consideration in a court of law--only value it in equity, dummy."
-The Mr. T Treatise on Contract Law
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