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Second Semester > Contracts Dos > Flashcards

Contracts Dos Flashcards

1
Q

Defenses: Ratification (2)

A

(1) Expressly (2) Impliedly

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2
Q

Defenses: Mutual Mistake (3)

A

(1) Both made mistake (2) material effect (3) shouldn’t bear the risk

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3
Q

Defenses: Unilateral mistake (4)

A

(1) Affected party made mistake (2) material effect (3) shouldn’t bear the risk (4) enforcement unconscionable

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4
Q

Defenses: Misrepresentation (4)

A

(1) Misrepresentation (2) fraudulent or material (3) induced assent (4) justified reliance

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5
Q

Defenses: Duress (3)

A

(1) Improper threat (2) induces assent (3) no reasonable alternative

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6
Q

Defenses: Undue influence (3)

A

(1) Unfair persuasion (2) confidential relationship (3) inducement

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7
Q

Defenses: Unconscionability (2)

A

(1) Procedural (2) Substantive

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8
Q

Defenses: Public policy (2)

A

(1) Legislation against it (2) Public policy against it

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9
Q

Defenses: Supervening Impracticability (3)

A

(1) Unexpected event occurs (2) makes performance impracticable (3) party shouldn’t bear the risk

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10
Q

Defenses: Existing impracticability (3)

A

(1) An existing unknown fact (2) makes performance impracticable (3) party shouldn’t bear the risk

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11
Q

Defenses: Supervening frustration of purpose (3)

A

(1) Unexpected event occurs after formation (2) substantially frustrates the purpose (3) party shouldn’t bear the risk

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12
Q

Defenses: Existing frustration of purpose (3)

A

(1) An existing unknown fact (2) substantially frustrates purpose (3) party shouldn’t bear the risk

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13
Q

Defenses: Statute of frauds (6)

A

Marriage Year Land Executorship Goods Suretyship

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14
Q

Defenses: Disabilities (4)

A

(1) Infancy (2) Infirmity (3) Intoxication (4) Guardianship

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15
Q

Damages: Expectation

A

Breach of contract losses.

Profit + incidental loss + consequential loss) - (loss avoided + avoidable loss + unforeseeable loss

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16
Q

Damages: Reliance

A

Promissory estoppel losses.

Reliance loss) - (any loss suffered by non-breaching party

17
Q

Damages: Restitution

A

Quasi-contract losses.

18
Q

Specific performance (2)

A

(1) Burden is not disproportionate (2) No personal service

19
Q

Land sale (2)

A

(1) Seller’s breach: no remedy, (2) buyer’s breach: no remedy (majority), remedy (minority)

20
Q

Third party beneficiary (4)

A

(1) Incidental (2) Intended (3) Assigned (4) Delegated

21
Q

Incidental

A

No award on the contract

22
Q

Intended

A

Award on the contract

23
Q

Assigned

A

Consent not needed unless agreement would materially change the duty

24
Q

Delegated

A

Consent not needed unless obligee has substantial interest in having the delegated performance

Second Semester (6 decks)

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