COMM 341: Notes for today

From BluWiki

COMM Law notes

9/6/2005

In breech of contract, you get the amount you loose because the promise was broken.

Example case: Claim: Builder v. UVA (quasi contract) = $5,000 Counter-claim: UVA v. Builder (breach of contract) = $2,000

Essentially this is one case with multiple counts? One judgment is entered for $3,000

C/A Breach of Contract State Law

• I. More probable than not
  • 1A. Defendant made a promise to the plaintiff
    • Details: Promisor made a promise to the promisee (subject to reasonable assumptions therefore an OBJECTIVE RULE)
    • It doesn’t matter if a promise is written or signed, what matters is that a REASONABLE person believes that it is a promise
      • Example, if you move in to a place – it doesn’t matter if you signed the lease or not, you still have to abide by it.
  • 5. The promise was broken (level of fault is not material – negligence, no fault, whatever)

Note: writing a bad check is ALWAYS a breach of contract. It can also be Tort of Fraud (if check writer intended it to bounce) – if you sue under both counts, you might be able to get Punitive damages.

NOTE: DON’T EVER FORGET QUASI CONTRACT ON THE TEST – remember, you can sue under multiple counts