Contract Law: From Trust to Promise to Contract (HLS2X) | Unit 1: Complications and Quiz | More Complications | Brother-In-Law Part 1
Photo by Sai De Silva on Unsplash
September 26, 2020
Contract Law: From
Trust to Promise to Contract (HLS2X)
Unit 1 | Complications and Quiz | More Complications | Brother-In-Law Part 1
Instructor Charles Fried, Beneficial
Professor of Law:
My re-written lecture notes for Unit
1, Complications and Quiz – More Complications – Brother-In-Law Part 1 hyperlink: My Rewritten Brother-In-Law Part 1 Lecture Notes Hyperlink
We are now evaluating three (3) new promissory obligations which are known as, reliance, expectation or restitution damages which are related to the “Doctrine of Consideration” in our new extraordinary exception coordinated bargain-for-exchanges offer litigation case which we will analyzed with our scientific law applications principals between Kirksey versus Kirksey in the State of Alabama, in the year of 1845. In the Kirksey versus Kirksey case, we will study their coordinated bargain-for-exchanges activities offer that perhaps led to one (1) party real cooperation in trusts, promises, and commitments contract agreement fallacies which results in:
1.
Reliance,
or
2.
Expectation,
or
3. Restitution Damages.
Reliance Damages awarded for losses suffered in reasonable reliance on a promise. Reliance damages are calculated by asking what it would take to restore the injured party to the economic position occupied before the party acted in reasonable reliance on the promise. Reliance damages may be awarded after a breach of contract or by way of promissory estoppel.[1]
Expectation
Damages awarded when a party breaches a contract that are intended to put the
injured party in as good of a position as if the breaching party fully
performed its contractual duties.[2]
Restitution
Damages:
In civil cases: A remedy associated with unjust enrichment in
which the amount of recovery is typically based on the defendant's gain rather
than the plaintiff's loss.
In criminal cases: Full or partial compensation for loss paid by a
criminal to a victim that is ordered as part of a criminal sentence or as a
condition of probation.[3]
Doctrine of consideration is an extraordinary exceptions in bargain-for-exchange litigations which appeared not to be a real coordinated bargain-for-exchanges offers and, those types of extraordinary exceptions from a coordinated bargain-for-exchanges offer litigations does not enforced contract promises between parties but compensate harms by ways of reliance, expectation or restitution damages to one party who had suffered from the other party cheating or deceptive practices or thefts from his or her promise benefit or coordinated bargain-for-exchanges offers which led to these parties breach of contract promises.
Here how the original Kirksey versus Kirksey case was summarized in our 2020 current year. Antillico (the Plaintiff [Sister-In-Law]) had received a letter from Doe (the Defendant [Brother-In-Law]) in written a condolences to Antillico (the Plaintiff [Sister-In-Law]) for the death of her husband (his [the Defendant [Brother-In-Law]]) brother. And, Doe (the Defendant [Brother-In-Law]) was aware of Antillico (the Plaintiff [Sister-In-Law]) economic hardship and living conditions. So, Doe (the Defendant [Brother-In-Law]) had offered Antillico (the Plaintiff [Sister-In-Law]) a better economic outcome and stability living in his (the Defendant [Brother-In-Law]) extra farmhouse. Only if, Antillico (the Plaintiff [Sister-In-Law]) sell all her possessions and move herself and her children sixty (60) or seventy (70) miles away from their original property in order to live on Doe (the Defendant [Brother-In-Law]) extra farmhouse without paying any rent to Doe (the Defendant [Brother-In-Law]). In a coordinated bargain-for-exchanges offers, if Antillico (the Plaintiff [Sister-In-Law]) is willing to till and cultivate his (the Defendant [Brother-In-Law]) land with her children in an exchange for free housing allowances, or Antillico (the Plaintiff [Sister-In-Law]) had offer sexual acts in an exchange for free housing allowances which led to their contract agreements because Doe (the Defendant [Brother-In-Law]) have compassion for Antillico (the Plaintiff [Sister-In-Law]) financial circumstances.
However, Antillico (the Plaintiff [Sister-In-Law]) had experienced for two (2) years while living in Doe (the Defendant [Brother-In-Law]) extra farmhouse that he (the Defendant [Brother-In-Law]) was a hard hearted, sadistic, vicious and ruthless manipulating person towards Antillico (the Plaintiff [Sister-In-Law]) and her children for no apparent reasons. And, after two (2) years Doe (the Defendant [Brother-In-Law]) does not want to extend his generosity to Antillico (the Plaintiff [Sister-In-Law]) and her children any longer in a suddenly changed of heart scenario cinematic scene.
So, Doe (the Defendant [Brother-In-Law]) had notified Antillico (the Plaintiff [Sister-In-Law]) and her children to move out of his (the Defendant [Brother-In-Law]) farmhouse into another house located in the woods which was a much less desirable area. And, after another two (2) years had pasted Doe (the Defendant [Brother-In-Law]) had thrown Antillico (the Plaintiff [Sister-In-Law]) and her children out of his (the Defendant [Brother-In-Law]) house located in the woods onto the street.
[4]
Well, can Antillico (the Plaintiff [Sister-In-Law]) sue Doe (the Defendant [Brother-In-Law]) for a breach in verbalized contract agreements?
Please keep in mind, Doe (the Defendant
[Brother-In-Law]) has the right to change his mind from his original verbalized
contract agreements with Antillico (the Plaintiff [Sister-In-Law]).
[1]
“Reliance Damages.” Legal Information Institute, https://www.law.cornell.edu/wex/reliance_damages#:~:text=Reliance%20damages%20are%20calculated%20by,by%20way%20of%20promissory%20estoppel.
[2]
“Expectation Damages.” Legal Information Institute,
[3]
“Restitution.” Legal Information Institute,
[4]
Charles Fried, edX, Unit 1 – Complications and
Quiz – More Complications – Brother-In-Law Part 1, Illustration by Benjamin
Mauer Visual Art LLC,
https://learning.edx.org/course/course-v1:Harvardx+HLS2X+2T2020/block-v1:Harvardx+HLS2X+2T2020+type@sequential+block@b3ef20d108104b8ba42f737e65d6f42d/block-v1:Harvardx+HLS2X+2T2020+type@vertical+block@f4c5f54a7cdd466bacc1bb7e261bf74b
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