7 general areas/ vocabulary Flashcards
what are the 7 general issues on K acronym (AFTPTRE)
Armadillos From Texas Play Tennis, Ridding Elephants
what are the 7 general issues (Armadillos From Texas Play Tennis, Ridding Elephants)
1) Applicable law
2) Formation of contracts
3) Terms of contract
4) Performance
5) Third-Party problems
6) Remedies
7) Excuse of nonperformance
is unilateral K usually applied?
NO. almost never
unilateral K offer def
an offer that EXPRESSLY REQUIRES performance AS THE ONLY METHOD OF ACCEPTANCE
bilateral K OFFER def
all other offers besides unilateral. (offer is silent as the method of acceptance
when are the only time unilateral K offer apply
1) reward
2) prize
3) contest
4) offer expressly requires PERFORMANCE AS ACCEPTANCE
what is a quasi-contract
not a contract at all. just an Equitable remedy, not governed by rule of law but equity.
big picture
1) K formation
(a) offers, acceptance, consideration
(b) rejection, revocation, counter-offer
(c) unilateral K, bilateral K, option K, firm offer
- UCC/CL
2) Defenses to formation
3) K terms
- Parol Evidence, mistake, shopping terms etc
4) Conditions to K
5) 3rd party B
6) assignments/ delegation: GR all assignments/ delegations are fully assignable/ degable
x/c: 1) personal service K
2) long term service K
7) excuses to performance
(a) impossibility
(b) impracticability
(c) frustration of purpose
8) breach/ remedies (law/equity)
- material/ minor