1) Introduction. Def. K R - Res § 1 A contract 1

Underline key concepts/terms.

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 Def. Adhesion K - Std. form K where weaker party, e.g. consumer, has no choice as to terms, e.g. Burch case. Cf. Unconscionability, procedural/subtantive 2) Enforcing Promises: The law will not enforce all promises - 3 methods of enforcing promises - 1) Consideration - something exchanged for the promise, 2) Promissory Estoppel - detrimental reliance on the promise, 3) Restitution for correction of unjust enrichment.
Re 2

Pull out definitions/ rules/ restatements.

st. §2. Promise; Promisor; Promisee; Beneficiary/§ 3. Agreement Defined; Bargain Defined/§ 4 How a promise may be made § 7 Voidable Contracts/§ 8 Unenforceable Contracts/UCC § 2-204. Formation in General. § 17: Requirement of a Bargain; § 18: Manifestation of Mutual Assent
Objective Theory of Contracts - 1) One is bound by reasonable interpretation of one's words and actions rather than one's subjective notion of intent. 2) A maker of a promise is legally bound by it irrespective of intent. Cf. § 20 Effect of misunderstanding. §21 Intent to be legally bound
Cases 3

Enter key cases but don't get carried away.
You care more about the application of the law to the case, not necessarily the case.
The case is your hypo.

- 1) Ray v. Eurice Bros. A person who has the capacity to read and understand a document is bound by his signature in law. 2) Park 100 v. Kartes - Signed contracts obtained thru fraud/misrepresentation not valid. cf § 19: Conduct as Manifestation of Assent: (3) The conduct of a party may manifest assent even though he does not in fact assent. In such cases a resulting contract may be voidable because of fraud, duress, mistake, or other invalidating cause."
Doctrine of Consideration - Something of value (act, forbearance or return promise) received by a promissor from a promisee. Cf. Rstmt §71. Requirement of Exchange; Types of Exchange (Consideration-bargain for bargain) "To constitute consideration, a performance or return Promise must be bargained for.
Cases: Hamer v. Sidway -- Waiver of a legal right is forbearance and constitutes consideration - valid contract., 2. Baehr v. Penn-O-Tex - Forbearance must be bargained for to servce as consideration. Cf. Rest. §71 (above), §73 Performance of legal duty, § 75 Exchange Of Promise For Promise. 3. Dougherty v. Salt - Nothing sought by promissor; a gratuitious promise. - Exchange or promised exchange (or performance) is necessary for consideration. Cf. § 33 Certainty. Related term - Illusory consideration - so small as to be sham or nominal. 4. Batsakis v. Demotsis - Consideration can secure an agreement even if the amount seems disproportional to the promised performance or exchange unless it is sham or nominal. Cf. Rstmt § 79 Adequacy of Consideration; Mutuality of Obligation. Cf. § 77 - Illusory and Alter4

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native Promise - A promise cannot serve as consideration if it is illusory, i.e., it makes performance optional. cf. /§ 81. Consideration As Motive Or Inducing Case/§83 Promise to Pay Indebtedness Discharged in Bankruptcy 4. Plowman v. Indian Refining - a) Past performance cannot serve as consideration (not bargained for), cf. § 86. Promise for Benefit Received (Past Consideration) b) a moral obligation cannot serve as consideration, moral consideration concept is not valid, c) a condition of a promise w/o detriment is not consideration.
Doctrine of Promissory Estoppel: The Protection of Promisee Reliance - Key Rest. § 90 Promise Reasonably Inducing Action or Forbearance
Issue 1 - Promises within the family: Cases 1. Kirksey v. Kirksey - (Early Case - pre PE & reliance) - Gratuitous promise, moving family is not consideration. 2. Greiner v. Greiner (More recent case) - D's moving and making expenditures on land constituted reliance and he suffered detriment. A promise that reasonably induces definite and substantial action or forbearance is binding, especially if injustice can only be avoided by enforcement of the promise.
Issue 2: Charitable subscriptions.
Cases: 1. Allegheny College v. National Chautauqua County Bank - (Cardozo) - An "implied promise" (i.e. to name the memorial after donee) is consideration and accordingly there is a contract. Note: He mentions PE but stretches consideration instead. Dissent - a gift, no contract
Issue 3 - Promises in a commercial context - Application promissory Estoppel to enforce commercial promises in the absence of consideration. Case 1: Katz v. Danny Dare - The Elements of promissory Estoppel are present - 1) A promise of a pension if he retired. 2) reliance on the promise - D chose to retire and take a cut in income, 3) Injustice can only be avoided by enforcing the promise. Ergo - Estoppel may be employed to enforce a commercial employment/pension contract. Case 2: Shoemaker v. Commonwealth Bank