Defenses Flashcards
Name all virginia K defenses
misunderstanding
incapacity
mistake
fraud/misrep
duress
illegality
unconscionability
unconscionability?
no man in his senses and not under delusion would make
no reasonable name would agree to
procedural unconscionability?
unconscionability in the making of the deal
substantive unconscionability?
unconscionable in the term itself
Why have the SOF?
protect from false allegations of forming a contract
SOF UCC art 2 requirements
signed by D
$500 or more
tangible writing including quantity term
What is the signature exception to the SOF for UCC art 2?
merchant fails to respond to a confirmation memo in 10 days that was sent by another merchant
what are the three writing exceptions to SOF sale of goods?
specially manufactured goods
court admission
full performance or full pmt
specially manufactured goods
Unsuitable to other buyers
S made substantial beginning
full performance?
S delivers goods to B, B doesn’t pay
full payment
B pays but S does not deliver
when does a modification need to meet SOF requirements?
if contract after the modification is subject to SOF
fraudulent misrepresentation
false assertion of fact made knowingly/recklessly
induced assent
justifiable reliance
