Clark v. West: Difference between revisions
From wikilawschool.net. Wiki Law School does not provide legal advice. For educational purposes only.
No edit summary |
No edit summary |
||
| Line 11: | Line 11: | ||
# Was the contractual stipulation that Clark abstain from liquor implicitly waived by West? | # Was the contractual stipulation that Clark abstain from liquor implicitly waived by West? | ||
'''Holding''': The stipulation was apparently waived by West. | |||
'''Reasons''': | '''Reasons''': | ||
* The consideration in the contract was the books, not the abstinence, by Clark. West waived the abstinence provision of the contract. | * The consideration in the contract was the books, not the abstinence, by Clark. West waived the abstinence provision of the contract. | ||
* The words and actions of the insurer reasonably justify the conclusion that it intended to abandon the particular defense afterwards relied upon, an the waiver can never be revoked. | * The words and actions of the insurer reasonably justify the conclusion that it intended to abandon the particular defense afterwards relied upon, an the waiver can never be revoked. | ||
Revision as of 20:27, January 31, 2020
| Clark v. West | |
| Court | |
|---|---|
| Citation | |
| Date decided | |
Facts:
Clark contracted with West. Clark would write a series of law books for West. The contract said that West would pay Clark $2 per page and if he abstains from intoxicating liquor during the time of the contract, West would pay an additional $4 per page to Clark. After the books were written, West didn't pay the additional $4 per page to Clark. West alleged that Clark didn't fulfill his part of the bargain because he drank liquor during the contract period.
Issue:
- Was the stipulation to avoid alcohol consideration for the contract, or one of its conditions which can be expressly waived?
- Was the contractual stipulation that Clark abstain from liquor implicitly waived by West?
Holding: The stipulation was apparently waived by West.
Reasons:
- The consideration in the contract was the books, not the abstinence, by Clark. West waived the abstinence provision of the contract.
- The words and actions of the insurer reasonably justify the conclusion that it intended to abandon the particular defense afterwards relied upon, an the waiver can never be revoked.
