Attack Plan

Question 1

Contracts Attack Plan/Framework

Answer 1

1. What law governs this transaction?
   - UCC
   - Common Law
2. Was a valid contract formed?
   - Offer
   - Acceptance
   - Consideration
3. What is the meaning of the contract?
   - Parol Evidence
   - Fully vs partially integrated writing
4. Was there a breach?
   - Anticaptory Repudiation
   - Material vs Minor Breach
5. Are there any defenses to enforceability?
   - Duress/undue influence
   - Fraud
   - Incapacity
   - Mistake (unilateral vs mutual)
   - Impracticability
   - Impossibility
   - Misrepresentation & concealment
6. What remedies are available?
   - Legal (expectation, consequential, reliance, incidental, and restitution)
   - Equitable (reformation, rescisison, specific performance)