Shann v. Dunk’s Empirical Analysis

Citation profile

20 federal appellate · 2 district · 1 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 58 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““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. Type II is where the parties recognize the existence of open terms, even major ones, but, having agreed on certain important terms, agree to bind themselves to negotiate in good faith to work out the terms remaining open. In Type II agreements, the parties do not bind themselves to conclude the deal but only to negotiate in good faith toward conclusion within the agreed framework.””

   3 later decisions quote this exact passage · from the majority
   e.g. Miranda v. Maxwell Communication Corp. (In Re Maxwell Communication Corp.) · 23 F. Supp. 2d 287 - Cleveland Wrecking Co. v. Hercules Construction Corp.

2. “[o]rdinarily, preliminary manifestations of assent that require further negotiation and further contracts do not create binding obligations,”

   3 later decisions quote this exact passage · from the majority
   e.g. In re Westinghouse Elec. Co. · 383 F. Supp. 2d 428 - SPENCER TRASK SOFTWARE AND INFO. v. RPost Intern.

3. “The central issue - whether, based on the factual findings, a binding contract existed - is a question of law that we review de novo.”

   2 later decisions quote this exact passage · from the majority
   e.g. Chelsea Square Textiles, Inc., Kenneth Lazar, Lester Gribetz v. Bombay Dyeing and Manufacturing Company, Ltd. · Specht v. Netscape Communications Corp.