Applicable Law Flashcards

Epstein Son

1
Q

What does a Unilateral Contract result from?

A

results from an offer that expressly requires performance as the only possible method of acceptance

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2
Q

What does a Bilateral Contract result from?

A

all other offers, usually offer is silent as to the method of acceptance

Bilateral contract unless (1) reward, prize, contest (2) offer expressly requires performance for acceptance

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3
Q

What kind of remedy can you get form a Quasi Contract?

A

equitable remedy only

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4
Q

Common Law applicable to what?

A

Everything but sales of goods contracts

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5
Q

Article 2 Applicable to what?

A

Sales of goods.

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6
Q

Factors to determine if Art. 2 applies

A

(1) type of transaction–sale and (2) subject matter of the transaction–goods (i.e. tangible, personal property)

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7
Q

which law applies in Mixed Deals?

A

The more important part to the deal controls (i.e. car sold for $40K with two lessons in parallel parking=Art. 2 because it is primarily for a sale of goods.)

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8
Q

Exception to Mixed Deals

A

If contract divides payment, treat as two separate deals. E.g. yo yo sold for $10 and lessons for $39,990, is two separate deals in which Art. 2 applies to the yo yo sale and CL to the lessons

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