7 general areas/ vocabulary Flashcards

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1
Q

what are the 7 general issues on K acronym (AFTPTRE)

A

Armadillos From Texas Play Tennis, Ridding Elephants

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2
Q

what are the 7 general issues (Armadillos From Texas Play Tennis, Ridding Elephants)

A

1) Applicable law
2) Formation of contracts
3) Terms of contract
4) Performance
5) Third-Party problems
6) Remedies
7) Excuse of nonperformance

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3
Q

is unilateral K usually applied?

A

NO. almost never

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4
Q

unilateral K offer def

A

an offer that EXPRESSLY REQUIRES performance AS THE ONLY METHOD OF ACCEPTANCE

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5
Q

bilateral K OFFER def

A

all other offers besides unilateral. (offer is silent as the method of acceptance

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6
Q

when are the only time unilateral K offer apply

A

1) reward
2) prize
3) contest
4) offer expressly requires PERFORMANCE AS ACCEPTANCE

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7
Q

what is a quasi-contract

A

not a contract at all. just an Equitable remedy, not governed by rule of law but equity.

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8
Q

big picture

A

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

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