definitions

Question 1

Contract

Answer 1

legally enforceable agreement through CONSIDERATION

Question 2

quasi contract

Answer 2

equitable remedy NOT CONTRACT - equity rules

Ex: P conferred a (ACTUAL) benefit on D and P reasonably expected to be paid, and D realized unjust enrichment if P not compensated - usually a SOF defense

Question 3

Recovery in quasi K

Answer 3

K price not relevant - look at the value of the benefit conferred.

K price is a ceiling if P is in default

Question 4

Bilateral contract

Answer 4

offer that is open to the method of acceptance

COMMON

ex: you promise me $1000 to paint your house, acceptance can be I promise to paint your house, or just do it.

Question 5

Unilateral contract

Answer 5

performance as the ONLY method of acceptance

Question 6

Assume bilateral unless

Answer 6

reward, prize, contest OR
offer expressly requires performance for acceptance

“Offer accepted ONLY BY ______”

Question 7

NBC offers Ashley Simpson 25k to sing _______

Answer 7

bilateral

Question 8

Law for common law contracts

Answer 8

applies to contracts for EVERYTHING Except sale of goods

Question 9

sale of Goods

Answer 9

Article 2 ONLY - will appear in about 10 of the 25 questions

Question 10

Article 2 sales

Answer 10

1. type of transaction - sale

2. subject matter - GOODS

Question 11

GOODS

Answer 11

tangible personal property

“Anything movable when ID’d in the K”

ARTICLE 2

Question 12

contract for personal services?

Answer 12

COMMON LAW

Question 13

real estate contracts

Answer 13

COMMON LAW

Question 14

Bill Gates wants to buy Calandrillo’s Cadillac

Answer 14

UCC/ Article 2

Question 15

Mixed deal of Goods and services

Answer 15

Apply the PREDOMINANT PURPOSE TEST

Question 16

Gates wants to buy a Cadillac and get two parking lessons

Answer 16

PREDOMINANT PART is the cadillac - Article 2

Question 17

Gates wants to buy a new yo-yo and receive ten lessons from Yo-Yo Ma for 40K.

Answer 17

COMMON LAW CONTRACT

Question 18

Is the service complicated?

Is there common law language or warranty?

Answer 18

Service - Common Law

Language - Common Law

Question 19

EXCEPTION to mixed deal

Answer 19

ONLY IF the K divides the payment then apply Art 2 to Goods and Common Law to services

Question 20

Armadillo

Answer 20

APPLICABLE LAW - common law or Art. 2

Question 21

From

Answer 21

Formation - was the K fully formed?

Question 22

Offer - level one offer

Answer 22

a manifestation of intention to contract - words or conduct showing commitment

1. rsbl person would believe that his or her assent creates a contract

Question 23

Is offer required to contain all material terms?

Answer 23

Common law - FAIL - absence of price will KILL the offer

Art 2 - OKAY - merchants they will fill it in for you

Question 24

Vague price

Answer 24

NOT ALLOWED in CL or Art 2 - you can say no price and court will assume that you meant to leave it out. “Fair” or “reasonable” suggests that you’re still working shit out

Question 25

Requirements K/ Output K

Answer 25

generally must state quantity - but may state it in terms of exclusivity, or look for REQUIREMENTS or ALL = quantity

Question 26

Requirements RULE in Increase

Answer 26

Buyer can increase requirements so long as the increase is in line with prior demands - 2-10% INCREASE OK

Question 27

Advertisements

Answer 27

General rule: NOT OFFERS - invitation to deal Except: if in nature of reward. Carbolic Smoke Ball (100$ reward to anyone who___, then you have to pay) Except 2: specific in quantity and expressly indicates who can accept - "1 fur coat $10 - first come, first served"

Question 28

Sign that says T-shirt $10

Answer 28

you show up with $10 - NO not a deal, it's just an advertisement

Question 29

Will courts look to conduct and course of performance for clarification?

Answer 29

YES. 1. course of performance - same, ppl, same K 2. course of dealing - same ppl, different but similar K 3. custom and usage - similar people, similar K