Contract Law

  • (p392-393) - Senator Orrin Hatch (R-UT) - ....again I come back to my original statement.
    • Why is State contract law an insufficient remedy?
    • The answer to that, in my opinion, is it is a sufficient remedy.

[Both Dates PDF-629p-GooglePlay, 0428-No Video / 0505-VIDEO-CSPAN- Insurance Policy Transfers]-

  • Textbook - Application is Offer

Contract Formation - Offer, Counter Offer, Acceptance

  • (p3-4) - Mr. Brosnahan (Plaintiff Attorney): Now, to begin with the contract law, contract law is clear that the formation of a contract requires both offer and acceptance, but the framework laid out in the tentative ruling has the contract being concluded and must be informed as soon as the policy is delivered, which is the offer.
    • The delivery of the policy is nothing other than an offer from LSW, and the contract cannot arise until that offer is accepted.
  • (p14) - Mr. Martens (Defendant Attorney): The last point, Your Honor, is I think Mr. Brosnahan has offer and acceptance backwards.
    • The offer is the application.
    • The delivery is the acceptance.
  • (p19) - Mr. Brosnahan: Finally, he said that an application is the offer by the plaintiffs.
    • Not only is that not true because clearly the free-look period would prevent that from being true.
    • The applicants are not in any way bound by submitting an application.

2018 1016 - DOC 999 -  Walker v Life Insurance Company of the Southwest (LSW) - TRANSCRIPT for proceedings - 25p