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Case Citations [1] (Spring 2025)

handle is hein.ali/contract0199 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Spring 2025 Citations CONTRACTS CHAPTER 1. MEANING OF TERMS § 5. How a Promise May Be Made Ala.2023. Com. (a) quot. in sup. Former employer filed a claim for unjust enrichment against former employee, seeking to recover overpayments of deferred compensation that were allegedly made to defendant due to a clerical error. The trial court granted defendant's motion to dismiss, finding that plaintiff s claim was barred by the two-year statute of limitations applicable to wage claims. This court reversed and remanded, holding that the question of whether plaintiff's unjust-enrichment claim was timely because it arose from contract injuries that occurred within the six-year statute of limitations governing contract claims required a factual inquiry. The dissent argued that, under Restatement of Contracts § 5, unjust-enrichment claims were quasi-contract claims that could not be claims sounding in contract, and that the two-year catch-all statute of limitations period therefore applied. Protective Life Insurance Company v. Jenkins, 386 So.3d 443, 449. CHAPTER 3. FORMATION OF INFORMAL CONTRACTS TOPIC 2. MANIFESTATION OF ASSENT § 26. Existence of Contract Where Written Memorial is Contemplated E.D.Mich.2024. Quot. in case quot. in sup. Trustee of Chapter 7 debtor's bankruptcy estate filed an adversary proceeding against limited-liability company and its sole member, alleging, inter alia, that defendants breached a capital-contribution contract with debtor and debtor's dental practice in connection with the eventual sale of the dental practice. After a bench trial, this court entered judgment for defendants in part, holding that, while the contract was a valid and enforceable agreement, defendants had no obligation to pay any of the sale proceeds to debtor under the contract. The court cited Restatement of Contracts § 26 in reasoning that the parties made manifestations indicating their intent to be bound by the material terms of the capital-contributions contract when they began to COPYRIGHT 02025 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.