Contracts Revue
posted by Miriam Cherry
This year I decided to do a “musical revue” / “musical review” during the last session of my contracts class. I’d play a song and then students would try to guess the case or contracts concept illustrated by the song. Feel free to try your hand at it in the comments, and I will add answer any that are missed (N.B. I think this list is too easy for contractsprofs or those who were in my class 
1. Cab Calloway, A Chicken Ain’t Nothing But a Bird
2. Isaac Hayes, Theme from “Shaft”
3. Naked Eyes, Promises Promises
4. Marvin Gaye, Heard It Through the Grapevine
5. Depeche Mode, Everything Counts
6. Simon & Garfunkel, Bridge Over Troubled Waters (Hint: same case as 7)
7. Talking Heads, Road to Nowhere (Hint: same case as 6)
8. The Rolling Stones, You Can’t Always Get What You Want
[Hat-tip: the ever-awesome AALS contracts listserve]
May 22, 2006 at 2:54 pm
Posted in: Contract Law & Beyond
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Responses (14)
Joe Patent - May 22, 2006 at 4:25 pm
1) Frigalment Importing Co. v. B.N.S. Int’l Sales Corp. (Judge Friendly)
Dave Hoffman - May 22, 2006 at 5:16 pm
I don’t pay close attention to the listserve, so I’ll play. 6&7 are Luten Bridge. I’m guessing Peevyhouse for #8, am not entirely sure. And I can’t believe you illustrate Hadley with Shaft (#2).
Miriam Cherry - May 22, 2006 at 6:06 pm
Some of these are more than a case. #8 is broader than Peeveyhouse (although you’re on the right track). Still open: #3,4,5, & 8.
contracts-rusty 2L - May 22, 2006 at 7:54 pm
# 8 –> Jacob & Young v. Kent ?????
Steve Vladeck - May 22, 2006 at 9:29 pm
Miriam — What about the Ballad of George and Lucille, which is more specificly tied to Peevyhouse? That was an integral part of my 1L contracts class…
Howard Wasserman - May 23, 2006 at 8:44 am
I remember nothing from contracts and thus no case names, but only descriptions: But, how about:
# 2 for Williams v. Walker-Thomas Furniture
# 3 for the case where the brother-in-law promised the widow she could live on his property, then kicked her out.
Ann Bartow - May 23, 2006 at 9:07 am
#8 Hawkins v. McGee
http://www.4lawschool.com/contracts/mcgee.shtml
Jeff Mansell - May 23, 2006 at 4:03 pm
Does #4 have to do with an offeree’s knowledge of an offeror’s conduct inconsistent with the offer?
I recall that revocation of an offer is possible through a statement made to the offeree, or through conduct if the offeree is aware of the conduct. If the offeree hears about the offeror, say, selling the property in question to a third party, then there is a revocation of the offer if the offeree heard the news from a reliable source. Hence, depending upon the grapevine through which one heard the news, there might be a revocation.
I type too much.
Jeff Mansell - May 23, 2006 at 4:14 pm
#4: Dickinson v. Dodds.
Can anyone tell me why it is I have my contracts casebook in my office?
Miriam Cherry - May 23, 2006 at 5:32 pm
Okay, so far we’ve got the following:
#1: Frigalment (”What is Chicken” case)
#2: Hadley v. Baxendale (case involves a broken mill shaft). As a backup answer, I liked Williams v. Walker-Thomas, because the consumers there had been shafted;
#4: Dickenson v. Dodds
#6 & 7: Rockingham County v. Luten Bridge
What we have left are #3, 5, 8.
Hint: I am not looking for specific cases for these three, which may explain why they’re a bit more difficult. I’m looking for concepts / doctrines.
Steve, your ballad is a classic! I didn’t pretend that this was the complete list… The case Howard is referring to with the brother-in-law is Kirksey v. Kirksey, but that’s not exactly what I’m looking for; Ann is really close with Hawkins v. McGee; Jeff, you have your contracts casebook in your office because contracts is the most awesome class ever.
tim morgan - May 23, 2006 at 7:10 pm
#3: Ricketts v. Scothorn??
#8: A case in which an offeree mistakenly manifests an acceptance to a non-offer—-
#4 Dickenson v. Dodds: Offeree learns of an act by the offeror which is inconsistent with the terms of the original offer..
#8: Raffles v. Wichelhaus (I think this is it)
tim morgan - May 23, 2006 at 7:32 pm
#8: Jacob and Youngs v. kent: No reading pipe.. You can’t always get what you want
#5: Lucy v. Zehmer: Even a receipt from a restaurant will count as a sufficient memorialization of a contract… I think….
tim morgan - May 23, 2006 at 7:41 pm
After having read a previous post, I believe the contracts principle illustrated by Promises Promises is embodied by a latin phrase (pacta sunt servanda).. You can’t always get what you want is illustrative that a contract’s duties may be completed by substantial performance, so long as the essential aim of the contract has been achieved and a remedy may be fashioned for the defective performance…#5- Everything Counts: Who knows
Miriam Cherry - May 24, 2006 at 4:22 pm
You got it – for #8 (You can’t always get you want) I was looking for “substantial performance.” Even thouhg I wasn’t looking for a case there, I think that Jacobs & Young v. Kent probably fits the best.
As for “Promises, Promises” the lyrics include the following: “You made me promises, promises / that you knew you’d never keep.” That leades me to … willful breach.
And Depeche Mode “Everything Counts” – damages.
Thanks for playing everyone, it was fun!
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