Contracts-Not All Intents are Enforced

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Contracts-Not All Intents are Enforced
2013-12-12 08:52:33
Contracts Not All Intents are Enforced
Contracts-Not All Intents are Enforced
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  1. Fischer v. Union Trust Co
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    • -          dying father give daughter deed to real estate, said he would pay mortgage on it, but died before he could; Π sued his estate to enforce payment
    • -          NO contract, consideration was merely meritorious, was a gift, can’t enforce it; Fischer tried to say it was to correct a mistake, but there was no mistake, he just died too soon
  2. NY Trust Co v. Island Oil and Transport Corporation
    • s
    • -          company set up fake subsidiary companies to evade law; then subsidiaries tried to sue principal company
    • -          couldn’t do it b/c it was part of a sham operation, was never intended to create a legal relationship between subsidiaries; no reliance
  3. In re Hicks and Son Inc
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    • -          woman owns all shares in two corporations, one leased space to another, sued each other
    • -          couldn’t do it, she owned it all, it was really one corporation; her ACTUAL intent (when discernable) of creating  a guise of two corporations overrode written intent
  4. Harrington v. Taylor
    • -          Π saved Δ’s life, Δ promised he’d pay and didn’t, Π suing
    • -          Dismissed b/c it was a voluntary, humanitarian act, Δ has no obligation to pay despite saying he would
  5. Goldstcik v. ICM Realty
    • -          Benefit rendered wasn't the kind expected without payment; might be able to recover restitution for signing release. Despite there being no real contract there might be restitution for letting deal go through
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  6. Webb v. McGowin
    • -          Π saved Δ’s life but crippled himself in process. Δ agreed to compensate weekly for this; did so many years until death. After he died Π sued for more money
    • -          Ct. said his offer to compensate acted as ratification of the saving of his life, as if a bargain had been made; like an ex-post facto bargain
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