Vian V. Carey: Case Brief: William E. Case Brief
Vian v. Carey
Case Brief:
Facts: Defendant Mariah Carey is a famous, successful, and wealth entertainer. Plaintiff Joseph Vian who used to be Carey stepfather is suing her. Vian claimed to have orally agreed with Carey to market singing dolls in her likeness.
History: A motion of summary was given after the U.S. District court of New York saw the case.
Issue: The issue is whether the objective circumstances indicate that the parties intended to form a contract
Holding: Under the law of New York, an oral agreement can be binding.
Dissent: The terms of the agreement are so vague and indefinite that there is no basis or standard for deciding whether the agreement had been kept or broken and no means by which such terms may be made certain. …show more content…
The reason for this is because Carey claimed that she never thought Vian was serious as they spoke so infrequently and it was made at informal family settings.
2. Should the court here fill in the missing terms to provide the necessary definiteness?
No I don’t think that the court should fill in the missing terms because it should be up to the both parties to make sure contract terms are clear and agreeable for both parties.
Hamer v. Sidway
Case Brief:
Facts: William E. Story had promised his nephew, William E. Story II, $5,000 if his nephew would abstain from drinking alcohol, using tobacco, swearing, and playing cards or billiards for money until the nephew reached 21 years of age. The uncle responded to his nephew in a letter dated February 6, 1875 in which he told his nephew that he would fulfill his promise. The uncle died a couple years later without sending the money to the nephew.
Issue: did the contract lack consideration to support it, and therefore invalid?
Holding: a wavier of any legal right at the request of another party is sufficient consideration for a promise.
Dissent: The uncle company is required to pay the 5000 and interest on top of that because the plaintiff followed the agreement by restraining from drinking, smoking, and …show more content…
Dobson totaled a car which value decreased from 4900 to 500 dollars. He than wanted a full refund from the company he purchased the car from.
2.Distinguish the two minority rules that are summarized in the case.
Benefit rule holds that, upon rescission, recovery of the full purchase price is subject to a deduction for the minor's use of the merchandise. The other minority rule holds that the minor's recovery of the full purchase price is subject to a deduction for the minor's "use" of the consideration he or she received under the contract, or for the "depreciation" or "deterioration" of the consideration in his or her possession.
3. To achieve justice in contract cases involving minor and an adult I would want to know if the adult is treating the minor differently than he would be treating an adult customer. I would also want to know if the adult is stating every detail and obligation that comes with the contract.
The Toy Yoda confusion
1:What contract –based causes of action did berry bring to this case
Berry brought breach of contract into the case and fraudulent misrepresentation into the
Case Brief:
Facts: Defendant Mariah Carey is a famous, successful, and wealth entertainer. Plaintiff Joseph Vian who used to be Carey stepfather is suing her. Vian claimed to have orally agreed with Carey to market singing dolls in her likeness.
History: A motion of summary was given after the U.S. District court of New York saw the case.
Issue: The issue is whether the objective circumstances indicate that the parties intended to form a contract
Holding: Under the law of New York, an oral agreement can be binding.
Dissent: The terms of the agreement are so vague and indefinite that there is no basis or standard for deciding whether the agreement had been kept or broken and no means by which such terms may be made certain. …show more content…
The reason for this is because Carey claimed that she never thought Vian was serious as they spoke so infrequently and it was made at informal family settings.
2. Should the court here fill in the missing terms to provide the necessary definiteness?
No I don’t think that the court should fill in the missing terms because it should be up to the both parties to make sure contract terms are clear and agreeable for both parties.
Hamer v. Sidway
Case Brief:
Facts: William E. Story had promised his nephew, William E. Story II, $5,000 if his nephew would abstain from drinking alcohol, using tobacco, swearing, and playing cards or billiards for money until the nephew reached 21 years of age. The uncle responded to his nephew in a letter dated February 6, 1875 in which he told his nephew that he would fulfill his promise. The uncle died a couple years later without sending the money to the nephew.
Issue: did the contract lack consideration to support it, and therefore invalid?
Holding: a wavier of any legal right at the request of another party is sufficient consideration for a promise.
Dissent: The uncle company is required to pay the 5000 and interest on top of that because the plaintiff followed the agreement by restraining from drinking, smoking, and …show more content…
Dobson totaled a car which value decreased from 4900 to 500 dollars. He than wanted a full refund from the company he purchased the car from.
2.Distinguish the two minority rules that are summarized in the case.
Benefit rule holds that, upon rescission, recovery of the full purchase price is subject to a deduction for the minor's use of the merchandise. The other minority rule holds that the minor's recovery of the full purchase price is subject to a deduction for the minor's "use" of the consideration he or she received under the contract, or for the "depreciation" or "deterioration" of the consideration in his or her possession.
3. To achieve justice in contract cases involving minor and an adult I would want to know if the adult is treating the minor differently than he would be treating an adult customer. I would also want to know if the adult is stating every detail and obligation that comes with the contract.
The Toy Yoda confusion
1:What contract –based causes of action did berry bring to this case
Berry brought breach of contract into the case and fraudulent misrepresentation into the