Applicable Law Flashcards
Epstein Son
What does a Unilateral Contract result from?
results from an offer that expressly requires performance as the only possible method of acceptance
What does a Bilateral Contract result from?
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
What kind of remedy can you get form a Quasi Contract?
equitable remedy only
Common Law applicable to what?
Everything but sales of goods contracts
Article 2 Applicable to what?
Sales of goods.
Factors to determine if Art. 2 applies
(1) type of transaction–sale and (2) subject matter of the transaction–goods (i.e. tangible, personal property)
which law applies in Mixed Deals?
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.)
Exception to Mixed Deals
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