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· 3/26/2010

Turner Broadcasting System, Inc. v. McDavid

Citations

  • 693 S.E.2d 873
  • 303 Ga. App. 593
  • 2010 Fulton County D. Rep. 1154
  • 2010 Ga. App. LEXIS 317

How courts have described this case

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

  • affirming the denial of a motion for j.n.o.v. where “[t]he evidence on the issue of contract formation was highly controverted and presented genuine issues of fact for the jury’s resolution”
  • determining whether there was mutual assent by applying \an objective theory of intent whereby one party's intention is deemed to be that meaning a reasonable [person] ... would ascribe to the [ ] party's manifestations of assent\
  • finding a jury question as to the parties’ intent to be bound, despite non-binding language in a letter of intent, on the basis of oral statements that “we have a deal” and the “deal is done”
  • “Even complex or expensive contracts may be oral, as long as the evidence establishes the parties’ mutual assent to all essential terms of the contract.”
  • “We recognize that damages for breach of contract claims are compensatory awards designed to give the injured party the benefit of his bargain.”
  • “[T]he circumstances surrounding the making of the contract, such as correspondence and discussions, are relevant in deciding if there was a mutual assent to an agreement.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Bernes, Smith, Phipps

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.