Dahl v. Hem Pharmaceuticals Corp.
United States Court of Appeals for the Ninth Circuit
7 F.3d 1399 (1999)
Relevant factsFree
HEM Pharmaceuticals (defendant) promised a year's supply of an experimental drug to any patient who completed its clinical trial, though patients remained free to withdraw at any time; after patients (plaintiffs) completed the trial and the FDA found the drug unsafe but permitted continued testing, HEM refused to provide the promised year's supply, and the patients sued to compel it.
IssueFree
Whether, if one party makes a promise in exchange for another party's act or performance, and the other party completes that act or performance, there is a binding contract between the parties.
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