Author: Daniel Edelson

What is the mirror image rule?

I also talk about that a bit here The mirror image rule is a traditional rule of contract law which requires an acceptance to contain the same terms as an offer, otherwise, there is no contract. For example, let’s say Mr. A offers Ms. B his car for $5,000 and Ms. B says she accepts the offer but also wants the car to come with a big red ribbon on the hood. The mirror image rule tells us Ms. B rejected Mr. A’s offer and made a counteroffer to buy a car for $5,000 with a big red ribbon.  Mr. A now has to decide whether he wants to accept Ms. B’s offer.  Mr. A does not have to sell the car and Ms. B does not have to buy the car until they agree completely on all the terms. Here is an older video I made on the mirror image rule:...

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Been busy but here are a few recent projects

I’ve been a bit swamped lately but here are a few projects I created for a class I’m teaching.  The material provides some basic information on the US Constitution.     The Constitution and the Distribution of Power to the Federal Government The Constitution and the Protection of Important Freedoms Talk to you...

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What is judgment notwithstanding the verdict?

Judgment notwithstanding the verdict in State Courts Judgment notwithstanding the verdict is where a judge decides that the jury reached a verdict that is so obviously wrong that the judge may substitute his own judgment for the jury’s verdict.  Judgment notwithstanding the verdict is very unusual and only where a judge determines that no rational jury could have reached that verdict. For example, let’s say a plaintiff sues a defendant for breaking a contract.  But during the trial the plaintiff presents no evidence that he and the defendant ever entered into a contract.  Incredibly, the jury finds in favor of the plaintiff. The defendant could then move the court (ask the court) for a judgment notwithstanding the verdict.  If the judge decides that the jury’s verdict was irrational, he could rule that the defendant is not liable.  The verdict is nullified and replaced with the judge’s decision.  The judge was not just disagreeing with the jury.  The judge was saying that because there was no evidence that the parties ever had a contract, it was irrational for the jury to find in favor of the plaintiff. Federal Courts are Different If you are looking for judgment notwithstanding the verdict in the federal courts, you won’t find it.  Instead, federal courts provide for judgment as a matter of law pursuant to Rule 50 of the Federal Rules of Civil Procedure....

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What is venue?

short definition Venue means the court in which a case or a trial takes place.   Venue rules tell the plaintiff in which court  he is allowed to start his case.  These rules also enable the defendant to ask a court to dismiss and, in some cases,  transfer a case if venue is inappropriate.   The federal court system has venue rules and each state court system has venue rules, too. State Court Venue States are divided into counties.  For example, New York is divided into 62 counties (Westchester County, Rockland County, etc).  Each county has a court that is part of the New York State court system.   Now let’s say a driver from Westchester County smashes into a car driven by someone from Dutchess County and the accident takes place in Erie County. We’ll assume that the driver who was hit decides to sue the other driver in New York State court.  But if New York has 62 counties, in which county should the trial take place?  Remember, each of the courts in each of the counties is part of the New York State court system,   New York State venue rules tell the plaintiff in which county he may sue the defendant.  Based on our example, assuming that the  rules in New York allow our plaintiff to select a county in which any party resides, he could choose...

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What is the difference between an implied warranty of merchantability and an implied warranty of fitness for a particular purpose?

Implied Warranty of Merchantability The implied warranty of merchantability means that a merchant is liable if he provides a consumer with a product has a defect which prevents the consumer from using the product for its normal purpose.  Even if the merchant did not expressly promise that the product would be suitable for normal use, the law imposes this promise.   For example, let’s say Davida buys some lipstick but the lipstick burns her lips because of a chemical contained in the product.  We all know that lipstick is supposed to be applied to a person’s lips – – that is its normal use.  If the lipstick has a chemical that burns people’s lips then the lipstick is not fit for normal use and the merchant breached the implied warranty of merchantability. The Uniform Commercial Code codifies the implied warranty of merchantability at UCC 2-314. Implied Warranty of Fitness for a Particular Purpose The implied warranty of fitness for a particular purpose protects consumers who buy a product from a merchant for a special purpose and the merchant knows (or should know) that the buyer is relying on the merchant’s special knowledge or judgment to furnish a product that is suitable for that purpose. For example, let’s say a merchant sells fishing rods.  He knows that a customer needs a fishing rod for deep sea fishing.  The  consumer is...

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