GVPT331 Exam 2 Speed Cases

Hamer v. Sidway

Uncle to nephew no vices for $, nephew sue for $, forbearance creates consideration, promise becomes enforceable

Mills v. Wyman

Providing care for moral reason, later told he’d get $, promise not enforceable, no consideration as promise made after service, also moral obligation is not consideration

Hawkins v. McGee (Hairy Hand)

100% perfect or good hand, in making the guarantee the promise becomes enforceable, impacted plaintiffs decision to proceed

Ceas v. Hoffman

Contract with a company assumed in a buyout, new owner give two offer (refund or build), plaintiff counteroffer build, defendant ignore, counteroffer effectively killed first offer but affirmed second, counteroffer acts as rejection of offer

Drennan v. Star Paving Co.

Contractor relies on subcontractor bid, they go back on promise, detrimental reliance created as subcontractor offer was reasonable, hence subcontractor liable (reliance on a promise to ones detriment creates contract)

In the Matter of Baby “M”

Surrogacy contract, court says bad because contract not public interest, offends women and money for children is dangerous precedent, contracts voided if against public policy

Railroad Co. v. Stout (1873)

Child injured on railroad, company liable, children have higher duty of care even if trespassing, landowner liable and must demonstrate reasonable precautions and duty of care, especially if an attractive nuisance exists

Kanaly v. DL&W Railroad (1959)

Teen loses arm jumping on moving train, railroad not liable, teens actions created harm (NY applicable contributive negligence law applies), duty to trespassers limited with regard to “intentional, wanton or willful injuries.” liability arises only for “affirmative act of negligence.”

Wright v. House of Imports, Inc.

Slip on stairs, sues under common law negligence, uses expert testimony to show stair violate code, this only allowed if negligence per se, court erred in allowing this, error was not “palpable” (did not cause manifest injustice and wasnt reversible) thus not reversible

Schmidt v. Gateway Community Fellowship

Tripped at exhibition, defendants argue recreational use immunity because event recreational w/ no fee, court agrees with summary judgment, appeal overrule this, reasonable person could argue against recreational use immunity, hence summary judgment was not applicable.

Baker v. East Coast Properties, Inc.

Old man falls because of alarm when people enter, the alarm noise impacts proximate cause (chain of events via intervening/superseding cause), landlord not liable, summary judgment. Not liable for negligence when unforeseeable intervening act breaks proximate cause and the plaintiff comparative negligence exceeds the defendant’s

Estate of Berthiaume v. Pratt, M.D.

Man on death bed photos by doctor, estate say invasion of privacy, assault, battery, doctor say patient privilege. Court disagree and sends it to trial: jury could find intrusion upon seclusion because photographing may violate the right “to be let alone,” and battery because the physical manipulation of the patient was not justified or consented to once the physician-patient relationship for treatment had ended.

Macomber v. Dillman

Fail tube tie, sue for damages (pregnant), court says damages are limited, its against public policy to punish the birth and raising of health baby (no damages related to future expense), however damages for medical costs and preganancy costs. Public policy impacts damages

James v. Fenske

Employees sue for overtime under FLSA, employer liable, they violated law willfully (hence not good faith), since no good faith liquidated damages awarded (equal to unpaid wage)

Martin v. Glass

Trespass cut trees, plaintiff want damages, only nominal damages proven, wanton nature of trespass (knowingly and repeatedly and with warnings) allows for further punitive damages to be applied even if not directly proven