Batsakis v. Demotsis - Key Concept - Adequacy of consideration; Legal enforceability despite
disproportionate consideration.
Breach of Contract - Occurs when one party fails to perform their duties as specified in the contract,
leading to legal liability.
Consideration - An essential element of...
JD Next Exam Prep
Batsakis v. Demotsis - Key Concept - ✔✔Adequacy of consideration; Legal enforceability despite
disproportionate consideration.
Breach of Contract - ✔✔Occurs when one party fails to perform their duties as specified in the contract,
leading to legal liability.
Consideration - ✔✔An essential element of a contract, involving something of value exchanged between
the contracting parties.
Contractual Liability in Medical Cases - ✔✔Concerns promises or warranties made by medical
professionals and the legal implications of their breach.
Ever-Tite Roofing Corp. v. Green - ✔✔Acceptance of an offer by commencing performance; Determining
a reasonable time for acceptance of a contract
FIRAC - Batsakis v. Demotsis - ✔✔Facts: Loan agreement during WWII; disproportionate value exchange.
Issue: Does inadequacy of consideration void a contract?
Rule: Even minimal consideration is legally sufficient.
Application: Disproportionate consideration still valid.
Conclusion: Contract upheld.
FIRAC - Ever-Tite Roofing Corp. v. Green - ✔✔Facts: Roofing contract signed, performance started, but
homeowners hired others.
Issue: Is the contract binding upon start of performance?
Rule: Contract binding upon performance or formal acceptance.
Application: Work commencement signified acceptance.
Conclusion: Homeowners breached contract.
, FIRAC - Hamer v. Sidway - ✔✔Facts: Uncle promises nephew $5,000 if he refrains from drinking,
smoking, etc., until 21.
Issue: Is forbearance adequate consideration for a contract?
Rule: Consideration can be an act or forbearance.
Application: Nephew's forbearance was a valid consideration.
Conclusion: Uncle's promise was enforceable.
FIRAC - Hawkins v. McGee - ✔✔Facts: Surgeon promises 100% perfect hand in surgery.
Issue: Is the surgeon's promise a warranty?
Rule: Expectation damages for breach of warranty.
Application: Surgeon's promise as warranty; damages for difference between perfect hand and result.
Conclusion: Surgeon breached warranty.
FIRAC - Kirksey v. Kirksey - ✔✔Facts: Woman invited to move to brother-in-law's land with promise of
housing.
Issue: Is brother-in-law's promise enforceable?
Rule: Consideration necessary for contract enforcement.
Application: Promise was gratuitous without consideration.
Conclusion: Not a binding contract.
FIRAC - Lefkowitz v. Great Minneapolis Surplus Store Inc. - ✔✔Facts: Advertisements for fur pieces and
stoles at $1; store refused to sell to plaintiff.
Issue: Are advertisement offers binding?
Rule: Clear, definite offers in ads can be binding.
Application: Plaintiff accepted offer per ad terms.
Conclusion: Plaintiff entitled to performance.
FIRAC - Lucy v. Zehmer - ✔✔Facts: Zehmer appears to sell a farm to Lucy in jest.
Issue: Does Zehmer's jest constitute a binding contract?
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