Acronyms Flashcards
Acronym
A state statute is constitutional if PIT
police power, rationally related interest, 10th amendment
Acronym
UCC Governs/Goods - GUM
growing crops, unbord animals, moveable tangible property (including removeable fixtures)
Acronym
Offer - COD
Communication to offeree, objective intent to be bound, definite and certain terms (IPSQUD)
Acronym
Definite and certain terms - IPSQUD
identified parties, price, subject matter, quantity, description
Acronym
not offers - I GRAPE
invitations to deal, goods contracts that fail to state quantity or output, real estate offers not indentifying land and price, advertisements (unless sent after inquiry), Preliminary negotiations, employment offers without duration listedA
Acronym
Acceptance - POSUM
Performance, only offeree can accept, unles option conrtact, Silence (limited), unauthorized method of acceptance while offer is open, mirror image rule
Acronym
Irrevocable offers - FOUR
firm offer, option contracts, unilater contract coupled with part performance, foreseeable detrimental reliance
Acronym
termination - DR DIRT
destruction of subject matter, revocation, death or insanity of offeree, intervening illegality, rejection or counteroffer, time lapse (reasonable or specified)
Acronym
Promissory estoppel - PRIA
promise, reliance, interest of justice, actual reliance
Acronym
contract defenses - SPAM ICU DUPI FUUS
Statute of frauds (MY LEGS), parol evidence exceptions, ambiguity, mutual mistake, illusory, capacity or onfancy, ultra vires, duress, unfair, penalty clause, illegal, fraud, unilateral mistake, undue influence, statute of limitations
Acronym
statute of frauds - MY LEGS
marriage:
year: any agreement not to be performed w/in 1 yr from making of agreement
land: sale of land, tenements, or hereditaments (or any uncertain interest in/concerning them); or any lease thereof for a PERIOD LONGER THAN 1 yr (tenant can enter into a lease via oral agreement if 1 yr rental)
executor:
goods >$500,
surety
Acronym
statute of frauds exceptions - SWAP
specially manufactured goods, written confirmation by merchant, admission in proceeding, peformance by payment or acceptance
Acronym
parol evidence exceptions - DAM FOIL
duress, ambiguitiy, mistake, fraud, oral condition precedent, illegality, lack of consideration
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Contract Equitable remedies - 4R SL
restitution, rescission, reliance, reformation, specific performance, liquidated damages
Acronym
Rescission - MUMIII
mutual mistake, unilateral mistate, misrepresentation, illegality, impossibility, incapacity
Acronym
specific performance - MC VID
mutuality of obligation, definite and certain terms, feasible, valid contract, inadequate legal remedies $, defenses
Acronym
Discharge performance - MAC MAN BAR SWIFTI
Condition precedent, accord and satisfaction, mutual recession, modification, account stated,novation, breach, anticipatory repudiation, reasonable request for assurances not given, statute of limitations, waiver, impossibility, frustration of purpose, time lapse, impracticability
Acronym
Good faith reliance - DCS
defective search warrant, case law, statute or ordinance
Acronym
Exceptions to good faith reliance - LAID
lied, abandoned, insufficient affidavit, deficient in particulars
Acronym
exclusionary rule exceptions - NIPBUG
non-trial criminal proceedings (grand jury), impeachment, public safety questions, booking questions, undercover police, good faith reliance (DCS)
Acronym
Logical relevance exceptions - HI SEAS
habit, industrial or business routine, similar occurrences (injuries, accidents), evidence to rebut impossibility claim, absence of similar occurences, sales of similar property
Acronym
public policy relevance exclusions - SOMGI
subsequent remedial measures, offers to settle, officers to pay medical bills, withdrawn guilty pleas, liability insurance
Acronym
not relevant - WUCUM
waste of time, unfair prejudice, confusion of the issue, undue delay, misleading the jury
Acronym
statute of frauds - MY LEGS
marriage, year, land, executor, goods >$500, surety
