277 F.2d 907 (1960) ALLIED STEEL AND CONVEYORS, INC., Appellant, v. FORD MOTOR COMPANY, Appellee. No. 13854. United States Court of Appeals Sixth Circuit. May 11, 1960. [277 F.2d 908] COPYRIGHT MATERIAL OMITTED [277 F.2d 909] George H. Cary, Detroit, Mich., George H. Cary of Cary, BeGole & Martin, Detroit, Mich., on the brief, for […]
Author Archives: Elmer Masters
ALLHUSEN v. CARISTO CONSTR. CORP.303 N.Y. 446 (1952) Herman Allhusen, Appellant, v. Caristo Construction Corp., Respondent. Court of Appeals of the State of New York.Argued November 26, 1951. Decided January 24, 1952 Bruce A. Hecker, John F. Dooling, Jr., and James A. Thomas, Jr., for appellant. George B. Balamut for Manufacturers Trust Company, amicus curiæ, in support of […]
479 F.2d 638 (1973) UNITED STATES of America, for the use of Coastal Steel Erectors, Inc., Appellant, v. ALGERNON BLAIR, INCORPORATED, and United States Fidelity and Guaranty Company, Appellees. No. 72-2443. United States Court of Appeals, Fourth Circuit. Argued May 9, 1973. Decided June 14, 1973. [479 F.2d 639] Morris D. Rosen, Charleston, S. C. […]
We turn our attention now to a closer study of the process by which parties form a contract. In the sections that follow, we will learn how to identify an offer and what constitutes an acceptance. We will examine the special rules for offers of a unilateral contract and for firm offers. Finally, we will […]
We began by asking whether the parties have made a promise. Did West give Bailey sufficient reason to believe that he wished to board Bascom’s Folly at Bailey’s farm? Was Lucy justified in taking seriously Zehmer’s decision to sign the contract for the sale of the Ferguson Farm? Our two most recent principal cases explored […]
The goal of this chapter is to introduce you to some of the fundamental questions that organize our study of contract law and theory. At least initially, we will focus exclusively on the judge-made rules of the “common law.” Prior judicial decisions—often referred to as “precedents”—comprise the only legally authoritative source of the common law. […]
Prof. Burnham, author of many CALI lessons and podcasts, discusses choice of law in contract cases. Choice of law occurs when there is an issue of which jurisdiction’s law the courts will apply to a substantive issue. Choice of law is not a question of where a case will be heard, but instead what law […]
A large percentage of litigation arising out of contracts results from poor drafting. In order to eliminate this litigation, it is imperative that law students master good drafting skills. One of the most important aspects of drafting a contract is the operative language—language that affects legal relationships. This lesson is designed to introduce law students […]
Drafters of contracts, wills and statutes are plagued with the ambiguities inherent in the use of these two connectors. This lesson is designed to identify these ambiguities and then help students to draft with conjunctions which eliminate those ambiguities. After completing this lesson students should be able not only to identify ambiguous uses of ‘and’ […]
This exercise reviews the substance of contract law and demonstrates the application of the substantive law in the process of drafting. The exercise begins with a form contract. The student must rewrite the contract to suit the needs of the client. On completion, the student will have reviewed applicable principles from both the common law […]
