UGBA 175 Lecture Notes - Lecture 21: Backhoe, Estoppel, Anticipatory Repudiation
16 Nov 2016
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Gift: assumption of risk (cid:498)hope(cid:499) illusory. Promissory estoppel can be granted by court. Impossibility must be unforeseen, stock went limp (cid:498)call(cid:499) oral. 3rd party beneficiary uc berkeley, creditor because dick does owe him: statute of frauds apply because of the 1 year provision court is. Unenforceable agreement but letter, signed, references the money bill owes. Anticipatory repudiation: can be argued either way (before performance, unenforceable money during performance) Both dick and bill liable to ucb, d can collect from b. Either d pays ucb or b pays ucb and b pays d. How you are paid, by hour or by work. Duties of the principal to the agent (1) reimbursement for costs (2) indemnification for losses (3) compensation for work. (cid:883)(cid:884): different from mcdonald"s case because holiday inn had no control over the operations, sign in front says that this holiday inn owned by betsy-len, patrons knew that holiday inn did not own and operate the premises.
