Contracts Flashcards
Governing Law - UCC intro
Contracts for the sale of goods are governed by U.C.C. Article 2. “Goods” are
all things moveable at the time that they are identified as goods to be sold under the contract. ____ are moveable goods, and therefore, this contract is governed by U.C.C. Article 2.
Merchants intro
A number of rules in Article 2 depend on whether the parties are merchants. A
merchant is one who regularly deals in goods of the kind sold or who otherwise by his
occupation holds himself out as having knowledge or skill peculiar to the goods involved.
Offer
A contract requires mutual assent (usually in the form of an offer and acceptance) and consideration. An offer is an expression of willingness to enter into a bargain, made in a way that the other party could reasonably believe that he could conclude the bargain by accepting. Thus, an offer must show the offeror’s intent to enter into a bargain and must have definite terms. In this case, __________
Acceptance
An acceptance is an assent to the terms of the offer. Generally, acceptance of an offer must be communicated to the offeror and must be unequivocal. Here, _______
Consideration
A contract also requires the presence of consideration on both sides of the bargain. Consideration is a bargained-for exchange, and that which is bargained for must have legal value. Here, _______
UCC Statute of Frauds
The U.C.C. requires that a contract
for the sale of goods at a price of $500 or more be evidenced by a signed writing. The U.C.C. requires only a signed writing indicating that a contract has been made and specifying the quantity.
Under the UCC, part performance can take an oral contract out of the Statute of Frauds when:
(i) the goods have been specially manufactured or
(ii) the goods have been either paid for or accepted.
Compelled speech rule statement
As a general rule, it has been held that the First Amendment not only gives a person the right to say what he wants to say, but also prohibits the government from requiring persons to say what they do not want to say.
Public school treatment under First Amendment
The Supreme Court has found that public school students do not shed their constitutional rights at the door. However, because the public school setting is special, the Court has also found that First Amendment rights of public school students may be reasonably restricted to enable schools to accomplish their mission of educating students and keeping them safe.
Content-neutral speech rule statement
As a general rule, government regulations of the content of speech must meet strict scrutiny, but content-neutral regulation of the conduct associated with speech need only pass intermediate scrutiny—the government must prove that it is narrowly tailored to achieve an important or significant government interest (other than the suppression of speech).
