Read the following cases and respond to questions in your own words:
Carter v. Matthews (pg. 373), case questions 1 - 2.
Brown v. King (pg. 376), case questions 1 - 2.
Hanks v. Powder Ridge (pg. 380), case question 1.
p. 373
1. In Contract Law recession is a remedy that restores both parties to their condition prior to the
contract. In Carter v. Matthews the remedy was based on restitutionary interests.
2. Carter v. Matthews granted recession to the appellant based on “mutual lack of knowledge” but did
not award damages to the appellant. The court ruled that since the act of deceit was missing in relation
to the misrepresentation there no basis to award damages. “…fraud may not be the basis of damages
award absent reliance on the misrepresentation.”.
p.376
1. The contract in Brown v. King is bilateral because both parties need to act to complete the contract.
2. Joel King had a contract with Barber to purchase the LeBond parcel. Joel agreed to release rights to
the LeBond property, and in exchange Barber would transfer a strip of land at the end of the parcel.
p.380
1. The Connecticut Supreme Court refused to enforce the contractual immunity agreement because it
violates public policy. Agreements which violate public policy are unenforceable The defendants had a
negotiating advantage because the plaintiff lacked the proper knowledge to determine if the defendant’s
snowtubing runs were reasonably safe.
Carter v. Matthews (pg. 373), case questions 1 - 2.
Brown v. King (pg. 376), case questions 1 - 2.
Hanks v. Powder Ridge (pg. 380), case question 1.
p. 373
1. In Contract Law recession is a remedy that restores both parties to their condition prior to the
contract. In Carter v. Matthews the remedy was based on restitutionary interests.
2. Carter v. Matthews granted recession to the appellant based on “mutual lack of knowledge” but did
not award damages to the appellant. The court ruled that since the act of deceit was missing in relation
to the misrepresentation there no basis to award damages. “…fraud may not be the basis of damages
award absent reliance on the misrepresentation.”.
p.376
1. The contract in Brown v. King is bilateral because both parties need to act to complete the contract.
2. Joel King had a contract with Barber to purchase the LeBond parcel. Joel agreed to release rights to
the LeBond property, and in exchange Barber would transfer a strip of land at the end of the parcel.
p.380
1. The Connecticut Supreme Court refused to enforce the contractual immunity agreement because it
violates public policy. Agreements which violate public policy are unenforceable The defendants had a
negotiating advantage because the plaintiff lacked the proper knowledge to determine if the defendant’s
snowtubing runs were reasonably safe.
