Editing Contracts Ayres/9th ed. Outline
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************* If integral to the exchange, consideration is necessary to waive | ************* If integral to the exchange, consideration is necessary to waive | ||
************ If waiver --> P gets raise, OR, if no waiver --> failed performance --> no raise. | ************ If waiver --> P gets raise, OR, if no waiver --> failed performance --> no raise. | ||
***************** | ***************** Ferguson v. Phoenix Assurance (Kansas 1962) | ||
************ o Burgled safe. Evidentiary condition of insurance payment requires evidence be on outside, but its only on inside. | ************ o Burgled safe. Evidentiary condition of insurance payment requires evidence be on outside, but its only on inside. | ||
************ o RULE: Mere evidentiary condition beyond reasonable standard to prevent fraudulent claim is against public policy if it prohibits insurance payment where there’s other evidence of break-in. | ************ o RULE: Mere evidentiary condition beyond reasonable standard to prevent fraudulent claim is against public policy if it prohibits insurance payment where there’s other evidence of break-in. |