Defenses Flashcards

1
Q

Name all virginia K defenses

A

misunderstanding

incapacity

mistake

fraud/misrep

duress

illegality

unconscionability

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

unconscionability?

A

no man in his senses and not under delusion would make

no reasonable name would agree to

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

procedural unconscionability?

A

unconscionability in the making of the deal

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

substantive unconscionability?

A

unconscionable in the term itself

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Why have the SOF?

A

protect from false allegations of forming a contract

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

SOF UCC art 2 requirements

A

signed by D
$500 or more
tangible writing including quantity term

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is the signature exception to the SOF for UCC art 2?

A

merchant fails to respond to a confirmation memo in 10 days that was sent by another merchant

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

what are the three writing exceptions to SOF sale of goods?

A

specially manufactured goods

court admission

full performance or full pmt

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

specially manufactured goods

A

Unsuitable to other buyers

S made substantial beginning

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

full performance?

A

S delivers goods to B, B doesn’t pay

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

full payment

A

B pays but S does not deliver

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

when does a modification need to meet SOF requirements?

A

if contract after the modification is subject to SOF

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

fraudulent misrepresentation

A

false assertion of fact made knowingly/recklessly

induced assent

justifiable reliance

How well did you know this?
1
Not at all
2
3
4
5
Perfectly