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← 2008 WIAPP 87 - Devine v. Notter

Devine v. Notter’s Empirical Analysis

2008

Citation profile

14
cited by 14 later decisions
1
states following
February 2020
most recently cited

2 federal appellate · 8 state decisions

How this case has been cited

Cited by 14 later decisions — most recently February 2020

2 federal appellate · 8 state decisions

80200820102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on New Jersey State Bar Ass'n v. New Jersey Ass'n of Realtor Boards · 17 Wis. 2d 89 - Gerruth Realty Co. v. Pire · 230 Wis. 2d 355 - Brown v. State · 103 Wis. 2d 656 - Nodolf v. Nelson · 62 Wis. 2d 141 - Klug v. Flambeau Plastics Corp.

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “An illusory promise is a promise in form only: one that its maker can keep without subjecting him- or herself to any detriment or restriction. An archetypal example of an illusory promise is the statement that "I promise to do as you ask if I please to do so when the time arrives." A promisor can keep that promise by either doing as the promisee asks or not, and so the promisor maintains total freedom to do as he or she wants. Since the maker of an illusory promise assumes no detriment or obligation, an illusory promise is not regarded as consideration. If a party to a purported contract has, in fact, made only illusory promises and therefore not constrained him- or herself in any way, he or she has given no consideration and therefore no contract exists. Because no contract exists, neither party has a cause of action for breach.”
    3 later decisions quote this exact passage
  2. “[t]he attorney review period was strictly limited and, since the time elapsed without objection, we see no reason both parties should not be bound to the contract.”
    1 later decision quote this exact passage
  3. “words in promissory form that promise nothing.”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.