1. Applicable Law Flashcards
Unilateral contract
results from an offer that expressly requires performance as the only possible method of acceptance.
Bilateral contract
results from all other all other offers.
A Contract is a Bilateral contract unless:
(1) reward, prize, contest or
(2) offer expressly requires performance for acceptance.
What law applies to the sale of goods?
Article 2 applies to contracts that are primarily for sales of goods.
The factors that determine whether Article 2 applies:
(i) type of transaction – sale and
(ii) subject matter of transaction – goods, i.e., tangible, personal property.
What law applies to the sale of real estate?
Common law
What is the general rule for mixed deals?
all or nothing/more important part
What if the contract expressly divides payment for a mixed deal?
then apply UCC to sale of goods part and common law to the rest