Legal Opinion
Copeland v. Baskin Robbins U.S.A.
California Court of Appeal
Decided March 19, 2002No. B149851PublishedCited by 48 opinions
1Opinion of the Court
Opinion
JOHNSON, Acting P. J.
We address an unsettled question in California: may a party sue for breach of a contract to negotiate an agreement or is such a “contract” merely an unenforceable “agreement to agree?” We hold a contract to negotiate an agreement is distinguishable from a so-called “agreement to agree” and can be formed and breached just like any other contract. We further hold, however, even if the plaintiff in this case could establish the defendant’s liability for breach of contract he is limited to reliance damages—a form of recovery he has disavowed and defendant has shown he…
2Cases cited22 opinions
- Aguilar v. Atlantic Richfield Co.California Supreme Court · 2001
- Foley v. Interactive Data Corp.California Supreme Court · 1988
- Venture Associates Corporation, a Tennessee Corporation v. Zenith Data Systems Corporation, a Delaware CorporationCourt of Appeals for the Seventh Circuit · 1993
- Arcadian Phosphates, Inc., Judas Azuelos, and Eli Sivan v. Arcadian CorporationCourt of Appeals for the Second Circuit · 1989
- California Lettuce Growers, Inc. v. Union Sugar Co.California Supreme Court · 1955
17 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Amanda Sateriale v. R J Reynolds Tobacco CompanyCourt of Appeals for the Ninth Circuit · 2012
- In re Sony Gaming Networks & Customer Data Security Breach LitigationDistrict Court, S.D. California · 2014
- Bustamante v. Intuit, Inc.California Court of Appeal · 2006
- Butler v. BaloliaCourt of Appeals for the First Circuit · 2013
- Brehm v. 21st Century InsuranceCalifornia Court of Appeal · 2008
43 more not listed; retrieve them via the Exa API.