Van v. Fox’s Empirical Analysis

Citation profile

2 federal appellate · 6 district · 6 state decisions

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. “[I]n suits for specific performance, as in other eases: “The law does not favor, but leans against, the destruction of contracts because of uncertainty; and it will, if feasible, so construe agreements as to carry into effect the reasonable intentions of the parties if that can be ascertained.” (quoting 11 Williston on Contracts 813, § 1424 (3d ed.1968)). Accord 5A Corbin on Contracts 279-83, § 1174 (1964): “Courts should be ready to give those reasonable interpretations that ordinary businessmen are willing to give, seeking the aid of experts and giving heed to all the surrounding circumstances. * * * The fact that the parties omitted certain provisions that are commonly included may indicate an intention to be bound without them and the gaps may be provided for in the decree. [[Image here]] “ * * * Apparent difficulties of enforcement that arise out of uncertainties in expression often disappear in the light of courageous common sense and reasonable implications of fact.” See also Restatement of Contracts § 370 (1932). Essentially, then, the resulting standard becomes one of substantial fairness to both parties. Neither party to a contract should be required to perform additional, material terms to which he did not either explicitly or implicitly agree. On the other hand, however, neither party should be allowed to avoid his contractual duties merely because the language which was utilized to express the agreement is less specific and complete than that which a careful lawy”

   1 later decision quote this exact passage
   e.g. Gurley v. King

2. “`Courts should be ready to give those reasonable interpretations that ordinary businessmen are willing to give, seeking the aid of experts and giving heed to all the surrounding circumstances.'”

   1 later decision quote this exact passage
   e.g. 209 Or. App. 120 - Dalton v. Robert Jahn Corp.

3. “`The fact that the parties omitted certain provisions that are commonly included may indicate an intention to be bound without them[.]'”

   1 later decision quote this exact passage
   e.g. 209 Or. App. 120 - Dalton v. Robert Jahn Corp.