Essay/MBE Mistakes Flashcards
How long does a firm offer last?
For as long as stated by the offer, or a reasonable time, but never more than three months.
How is a partial integration different from a complete integration? Why does it matter?
A partial integration is where a writing does not have a merger clause or does not certainly contain all the terms the parties would have included.
This matters because a parol evidence is admissible to show additional terms to a partially integrated contract, but not contradictory terms. Whereas a completely integrated contract does not allow for parol evidence to show different OR additional terms.
S inherits some land and needs to sell it fast because he is desperate for money.
B knows the value of land and S’s situation and offers 1/5 market value.
S knows this is a terrible deal, but is desperate, so accepts.
Duress? Bad Faith? Estoppel? Unconscionability?
Unconscionability. Such a bad deal no reasonable person would take it.
Bad faith requires misrepresentation.
Duress requires a threat.
S didn’t rely on anything B promised or said. No estoppel.
A contracts to sell a widget to B, but they can’t agree on a price. A says $X, B says $2X. A and B agree to have C, a renowned widget expert, tell them the fair market value, and to use that price. C dies. Is there a contract?
No. No price term exists.
Under UCC, if A and B had agreed to a reasonable price, another widget expert could be used.
Because A and B agreed to appraisal by C specifically, the contract is only enforceable if C sets a price.
A and B enter into a contract. B delegates duties to C. A demands assurances from C. C provides assurances. A consents to delegation. C breaches contract. Can A sue B? Can A sue C?
A can sue B. B cannot be relieved of obligation except through novation. Consent does not discharge B’s duty.
A can sue C if C gave consideration for the delegation.
P signs employment contract for 6 months with D.
Payment is weekly at $X per week.
P turns down alternate equivalent employment.
P is injured and cannot perform for 2 weeks.
D replaces P.
What is P’s best theory of recovery.
Impracticability? Minor breach? Estoppel? Divisibility?
Minor breach. P wants to recover the whole contract price, so her breach can only be minor or D’s duty is discharged. If P’s breach is minor, P gets 24/26 of the contract price.
Impracticable destroys contract.
Estoppel only works on non-contracts.
Divisibility means no 6-month monolithic contract to enforce.
