LAWS 4175 Lecture Notes - Lecture 10: Norther
28 Dec 2020
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Case: pennsy supply inc. v. american ash recycling corp. of pennsylvania. Parties: pennsy supply inc (pennsy, appellant), american ash recycling corp (ash, appellee). Offer: ash giving the aggrite to the first come first served. Acceptance: pennsy picking up the aggrite and using it. Aggrite, which was classified as a hazardous waste material: pennsy requested that ash arrange for the removal and disposal, which ash did not do, pennsy provided a notice to ash of its intent to recover the costs. Holding: yes, the grounding of contracts produces sufficient ground for a relief of a manufacturer"s obligation to dispose of hazardous material so that the manufacturer avoids disposal costs. An offer does not necessarily need to be explicitly bargained for. When the detriment to the promise is weak, we must consider the benefit to the promisor. When there is strong benefit and weak detriment, this is a contract.
