Peter Shann v. John S. Dunk, John S. Dunk v. Peter Shann

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• determining materiality of contract terms “in accordance with economic reality and the views of the par- ties”
• declining to restrict analysis to “four corners of the contract” where parties treated noncompete clause as a “fiction,” as courts must consider “economic reality and the views of the parties” in assessing materiality
• “Ordinarily, preliminary manifestations of assent that require further negotiation and further contracts do not create binding obligations.”
• “Type I is where all essential terms have been agreed upon in the preliminary contract, no disputed issues are perceived to remain, and a further contract is envisioned primarily to satisfy formalities.”
• “Ordinarily, preliminary manifesta- 11 tions of assent that require further negotiation and further contracts do not 12 create binding obligations.”
• “[I]f a preliminary agreement clearly manifests such intention, it can create binding obligations.”

Source: CourtListener parenthetical corpus (CC0).