Outline for Advice Memo No.

1
Afton Schiller

 Jerry

o Graduate of University of Woodchester (private U)

o Fan and booster of U’s football team for decades

o Hasn’t missed a home game since freshman year

o Has made generous contributions to the U’s athletic department

o Programs for the games include a photo of him thanking him and calling him the

#1 fan

 Maya

o U’s athletic director

 Kirk

o President of the U

Situation

 Maya took Jerry to lunch at a place that had a good wine list

 Conversation:

o M – worried about upcoming season because of recruitment

o M – U is threatening to cut budget

o M - “world wide wicket” service to improve performance – cost $250,000

o J – said the U need some outside support and winked at M

o M – thanked Jerry

 Drank 3rd glass of prosecco and M paid for lunch

Outline for Advice Memo No. 1
Afton Schiller

 M went back to office and told U president and coach they had a way to buy the

WWW system

 M placed order for the WWW system

 Convo between president Kirk and J about the wicket system occurred 2 weeks later

 J made comment “…I’ll be looking forward to seeing whether the results are worth

your money. I don’t think that I’d buy the Wickets myself, if I were you.” Emphasized

“your” and winked

 2 weeks later wickets arrived with bill

o K called J saying they didn’t have Js check that he promised during his meeting

with M

o J said what check and that he said it was the schools decision and money not his

ISSUE

 President of the U (Kirk) wants to sue Jerry for breach of contract

o Did J make a promise?

 Not explicitly

 Everything was verbal, nothing written, and all implied

 J’s promise is not legally enforceable.

 M thought there was an implied promise

 Only one party assented

 What are the terms of the offer???

Outline for Advice Memo No. 1
Afton Schiller

 Are there certain and definite terms?

o No

 Does the issue concern the existence of a promise?

o Yes, but WAS there a promise made?

 Does it concern the enforceability of a promise?

o Yes, K thinks J should be held liable to pay for the WWW system

 Does it concern the meaning of a promise?

o Not really

 Does it concern the performance of a promise?

o Yes, the U did not receive the money they thought they were supposed to get

from J

 Does it concern the remedy?

o Yes, the U wants J to pay

o Promissory estoppel?

Contract from Restatement:

“A contract is a promise or set of promises for the breach of which the law gives a remedy, or

the performance of which the law in some way recognizes as a duty.”

Remedies:

-Settlement of an honest dispute

-modify the “contract”…should J pay SOME of the amount towards the WWW system?
Outline for Advice Memo No. 1
Afton Schiller

-Chapter 8: different interpretations. Are they reasonable?

Elements of an Offer:

-a manifestation of present intent to enter a bargain

-that is be stated in certain and definite terms

-that it be communicated to an identified person (s)

-that an offeree be able to reasonably understand that a contract would result if accepted

Elements of a breach of contract:

 The existence of a valid or binding contract

 The performance or tendered performance of the claimant

 The material breach by the defendant (failure to perform their agreement)

 Damages suffered by the plaintiff as a result of the contract breach

Gratuitous promise:

-Executory gift, is this applicable in this scenario?

QUESTIONS:

 How does J normally agree to promises?

 How does J usually make deals?

 Does J have a moral obligation?

 Is there consideration?