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Contracts II, Statement made not according to the fact, to avoid a…

- - - - Byers v Fed. Land
    - - Deferences that if relied on allows a party out of a K - "Or" to either option 1-3
- - - - Statement made that would make a RP enter into a deal
    - - Statement made that induced a specific person to enter into a deal
        
        Halpert v Rosenthal
- - - - yes
        
        Check what kind of C?
        
        past consideration (never use)
        
        NO consideration
        
        K fails
        
        EXCEPT when:
        
        Children, SoL, or Bankruptcy
        
        1 more item...
        
        keep going if not past
        
        Bargain?
        
        3A. Did the promisor make the promise to get consideration?
        
        Yes
        
        1 more item...
        
        No
        
        1 more item...
      - is there K modification?
        
        new work added?
        
        is the duty already in the K?
        
        no
        
        no consideration
        
        yes
      - no
        
        gratuitous promise
        
        No Consideration
- - - - Illusory?
        
        no consideration
        
        Spooner
      - when P was created, did promisor reasonably expect to induce the promisee?
        
        reasonable
        
        did promisee's reasonable reliance fall into promisor's zone of expectation?
        
        yes
        
        Injustice
        
        a. Detrimental change in position for promisee?
        
        2 more items...
        
        Cohen established
        
        no
        
        no consideration (can't use PS defense)
        
        Alden v Presley
        
        unreasonable
        
        no consideration (can't use PE defense)
      - Unilateral?
        
        Blatt
    - - no consideration
        
        Blatt
- - - - Not an Express Warranty
  - - - Express Warranty
- - - - imply a condition
        
        which can induce forfeiture
        
        ameliorate
        
        Give party that failed to fulfill the opportunity to preserve rather than forfeit
- - - - Use these factors:
        
        How much did deprived party get?
        
        How much can injured party get?
        
        Forfeiture
        
        Cure
        
        Fault/probability
        
        2 more items...
- - - - anticipatory breach
  - - - warranted
        
        requesting party can treat K as repudiated by breaching party
- - - - does condition occur?
        
        yes
        
        duty
        
        no
        
        no duty
    - - no duty = cannot breach