Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Contracts > Final > Flashcards

Final Flashcards

1
Q

Common Law

A

Governs transactions of services, land and real estate

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

UCC

A

Governs the sale of goods

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

Contract Formation

A

Requires mutual assent and consideration to form a legally binding contract

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

Mutual Assent

A

The manifestation of present intent to enter into a legally binding contract. One way to determine if mutual assent exists is to identify an offer by one party and the acceptance by the other

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

Mutual Assent: Offer

A

The present desire to enter into a legally binding contract by inviting acceptance to a specific person or group, and creates the reasonable understanding that upon acceptance, a contract will be formed. Requires sufficiently certain terms

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

Q-TPPPS

A

Quantity
Time
Place
Price
Parties
Subject Matter

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

Special Rules: Offer

A

Advertisements/Price Quotes
Requests for Bids
Letters of Intent

Generally, not considered offers

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

Advertisements/Bids

A

Advertisements and price quotes are not an offer, but rather an invitation to offer

Exception when a specific offerree or a limited quantity

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

Requests for Bids

A

Contractors requests for bids is an invitation for offers

Sub-contractors actual bids they submit are considered offers and no contract formed until chosen

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

Letters of Intent

A

Document signed by both parties in order to communicate the parties’ partial completion of a contract

Exception when party makes it clear they intend to presently be legally bound

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

Acceptance

A

The manifestation of assent from the offerree to the offeror to the exact terms and in the manner invited or required by the offeror. Under common law, acceptance must be made to the exact terms contained in the offer. This is known as the Mirror Image Rule

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

Manners of Acceptance

A

An offeror may control the manner of an offerree’s acceptance and there is no legally binding contract if the acceptance is not in the manner the offeror requires

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

Unilateral

A

Acceptance by performance, when the offeror unambiguously requires acceptance by performing the very act the offeror is seeking

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Bilateral

A

Acceptance by promise to perform; when the offeror requires acceptance to be in the form of a return promise

Both parties are making a promise

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Silence

A

Generally, silence is not considered an acceptance unless, (1) the offeror gives a reason to believe silence is accepted; or (2) previous dealings allowed silence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

How To Determine Manner of Acceptance?

A

If the offer requires manner, the offerree must comply to accept

If the offer suggests manner, any reasonable manner is acceptance

If the offer does not say manner, any reasonable manner is acceptance

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Methods of Termination of the Power of Acceptance

A

Rejection
Counter-Offers
Lapse
Revocation
Death or Incapacity

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Rejection

A

A rejection is words or conduct that an offeror can reasonably infer mean that the offerree does not intend to accept the offer

Once an offer is rejected, the offer is terminated

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Counter-Offer

A

(1) An offer from the offerree to the offeror (2) relating to the same subject (3) proposing a different bargain, (4) terminates the offerree’s power to accept UNLESS (5) the offeror or offerree manifest a contrary intention

Did they mean yes, and request something additional to accompany or mean to reject and propose new terms for offer?

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Lapse

A

An offer lapses when an unreasonable amount of time has passed since the offer was made before an acceptance is tendered

Generally, in face to face conversation, the offer lapses at the end of the conversation and cannot be accepted afterwards, unless context of said conversation allows it to be so

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Revocation

A

An offeror may revoke an offer until it is accepted or, in the case of a unilateral contract, performance has begun

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Modern/New Rule

A

Once a party begins performance, given a reasonable time to complete to, a contract is formed upon the start of performance so long as it is completed within a reasonable amount of time

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Direct Revocation

A

Offeror directly tells offerree no

WORDS

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Indirect Revocation

A

Offeror does something inconsistent with the intention to enter a contract AND the offerree gets information to that intent, so they are aware offeror no longer intends to enter

DEEDS

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Irrevocable Offers

A

Option Contract (Common Law)

Firm Offer (UCC)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

Option Contract

A

Contract formed through mutual assent AND consideration in order to keep an offer open for a set period of time in exchange for $

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

UCC 2-205 - Firm Offer

A

A firm offer BY A MERCHANT must be in writing and cannot be revoked during the time stated, or if that time is not stated, what is reasonable

ONLY IRREVOCABLE FOR 3 MONTHS! Then, may be left open or revoked by seller before acceptance is made even if still in the time frame offered to be kept open

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

Death or Incapacity

A

Offerree’s power to accept is terminated upon the death or incapacity of the offeror

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

Consideration

A

Bargained-for exchange. Both parties must acquire something of value in which they desire from the agreement in exchange

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

What is NOT consideration?

A

Past Consideration
Moral Consideration
Nominal Promises
Settlement of Claims
Illusory Promises
Pre-Existing Duty Rule

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

Past Consideration

A

Something that has already taken place cannot be bargained for in an agreement now

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

Moral Consideration

A

A promise to do what one is morally obligated to do, or morally should do, is not valid consideration

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

Nominal Promises

A

Consideration that is so insignificant as to bear no relationship to the value of what is being exchanged

I.e. $100 in exchange for 1 cent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

Forbearance

A

Giving up ones legal rights to do something is consideration in exchange for something of value

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

Adequacy

A

If consideration is found, the courts will not inquire whether it is adequate

It does not need to be an equal bargain

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

Settlement of Claims

A

A settlement agreement that turns out later to be an invalid claim is upheld if (1) P had a genuine belief that the claim was in good faith (subjective); and (2) the claim had a reasonable basis not surpassing doubtfulness (objective)

I.e. bastard baby

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

Pre-Existing Duty Rule

A

A promise to do what one is already legally obligated to do, and has not given new consideration, yet the other side has

Issue frequently arises when parties one existing contract and then make a second contract

Does not apply to UCC

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

Illusory Promise - “unfettered discretion”

A

One party makes a promise to potentially do something in exchange for the other party promising to actually do something

ONLY ONE PARTY IS BOUND TO PERFORM!

Completely up to a party to do what they want in an agreement unchecked. If you cannot prove breach, then it is illusory

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

Contract Modifications

A

Parties are always allowed to make changes to their agreement, but they both must agree to the modification

Common Law: Mutual Assent and Consideration

UCC: Mutual Assent, but 2-209 rule

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
40
Q

Promissory Estoppel

A

(1) A promise made to a promisee which (2) a promisor should reasonably expect the promisee will rely on (induce action or forbearance), (3) the promise does induce such action or forbearance (promisee actually relies on it - detrimental reliance), and (4) injustice can only be avoided by enforcing the promise

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
41
Q

UCC 2-204

A

Formation

If there was an agreement between parties and the parties act like they have an agreement, there is a contract

It does not matter when the contract was formed, as long as there was an offer and acceptance

Even if the terms are murky, if there was an offer and acceptance, there was a contract

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
42
Q

Defenses

A

Deception
Mistake
Duress
Illegality
Incapacity
Unconscionability
Statute of Frauds

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
43
Q

Types of Deception

A

Misrepresentation
Non-Disclosure
Concealment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
44
Q

Types of Misrepresentation

A

Intentional
Negligent
Innocent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
45
Q

Misrepresentation

A

An assertion not in accord with the facts

(1) False Statement
(2) About a fact material to the contract
(3) Made with the requisite mental state
(4) Actually and justifiably relied on by the other party
(5) Causing damages

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
46
Q

Non-Disclosure

A

(1) Failure to disclose a fact
(2) A duty to disclose a fact
(3) The non-disclosed fact was material to entering the contract
(4) The other party actually and justifiably relied on the state of the terms in the absence of the disclosed fact
(5) Damage

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
47
Q

Concealment

A

(1) Active efforts to prevent another party from learning a fact
(2) The concealed fact was material to the decision to enter into a contract
(3) The other party actually and justifiably relied on the facts as they appeared within the concealment
(5) Damage

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
48
Q

Mistake

A

Mutual Mistake
(1) Erroneous belief about a material fact was shared by both parties
(2) The erroneous fact was a basic assumption upon which the contract was formed - CORE OF THE DEAL
(3) The erroneous fact had a material effect on the agreed upon exchange between the parties

Unilateral
When one party is mistaken as to the subject matter or terms contained in the contract

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
49
Q

Duress

A

(1) One party makes an overt or implicit threat
(2) The threat induces assent

The other party cannot exercise free will because there is no reasonable alternative but to agree

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
50
Q

Types of Duress

A

Traditional
Economic

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
51
Q

Traditional Duress

A

Violence or threats to the other person

52
Q

Economic Duress

A

Untoward economic pressure that goes beyond reasonable and fair - result in great economic harm

53
Q

Illegality

A

If either the consideration or subject matter of the contract is illegal, this will serve as a defense

54
Q

Incapacity

A

When a party lacks the legal capacity/rights to enter into a legally binding contract

55
Q

Types of Incapacity

A

Minority
Mental Disability
Intoxication

56
Q

Minority

A

A party entering the contract was under 18

57
Q

Mental Disability

A

Must have no capacity to be legally bound

Objective standard

58
Q

Intoxication

A

Can make contracts while drunk

Must be in a state of drunkenness to incapacitate them

Objective standard

59
Q

Unconscionability

A

Procedural
-Absence of a meaningful ability to bargain
-Gross inequality of bargaining power

Substantive
-Shocks the conscious

60
Q

Statute of Frauds

A

Certain agreements, by statute, must be evidenced by a writing signed by the party sought to be bound to be valid

In most instances, an oral contract is enforceable

61
Q

Steps to Statute of Frauds

A

(1) Is the contact subject to the Statute of Frauds?

-Land sales (common law)
-Contracts that cannot be performed within one year (common law)
I.e. building a house
-Sales over $500 (UCC)

(2) Does the contract comply with the writing requirement?

Common Law
-Does not require formal written contract
-Memo of agreement is written
-Indicate that a contract has been made between two parties
-Signed by the party charged

UCC 2-201: Statute of Frauds
-Requires only some signed writing indicating contract has been made and the quantity of goods
-If goods were specially manufactured, or if a party admits or there is payment or acceptance, a contract was entered

If it violates, invoke Promissory Estoppel because reliance theory

62
Q

Three Steps in Damages Analysis

A

Step 1: What kind of breach did the defendant commit?

Step 2: To what damages might the plaintiff be entitled?

Step 3: Do any limitations justify reducing plaintiff’s damages recovery?

63
Q

Step 1: What kind of breach did the defendant commit?

A

Non-performance
-Performance did not occur at all

Defective performance
-Partial performance

64
Q

General Damages

A

Seek to give the damaged party the benefit of the bargain (BoB)

Put Plaintiff in Position if Performance occurred

Economic damages rewarded only

65
Q

Step 2: To what damages might the plaintiff be entitled?

A

General (BoB)

Special

MINUS expenses saved

66
Q

Special Damages

A

Reliance

Consequential

67
Q

Reliance Damages

A

$ spent performing or preparing to perform

$ spent in anticipation of other party’s performance

$ spent dealing with fallout from the breach

Restore P to their economic status before the contract

68
Q

Consequential Damages

A

Lost use profits

Lost resale profits

Property damage

Personal injury

69
Q

Measure of General Damages [BoB] for Non-Performance

A

Buyer
K$ - FMV

Seller
FMV - K$

UCC 2-708
If it is such a unique good that it essentially has no market value (unsellable), then P may recover the full K price

70
Q

Measure of General Damages [BoB] for Defective Performance

A

Cost of repair
-Amount necessary to fix the problem or finish the work
Use as default

Diminution in value
-Value of what was promised minus the value of what was received
-ONLY in exceptional circumstances:
-Repair would produce economic waste, or
-Cost of repair is grossly disproportionate to loss in value

71
Q

Types of Reliance Damages

A

Essential
Incidental

72
Q

Essential Damages

A

$ spent performing K

$ spent preparing to perform K

73
Q

Incidental

A

$ spent because the party is expecting the contract to be formed

$ spent fixing the problems directly caused by the breach

74
Q

Limitations on Damages

A

Avoidability
Foreseeability
Certainty

75
Q

Avoidability

A

No recovery for damages that could reasonably have been avoided, if able to be avoided without unreasonable burden, risk, or humiliation

P is required to use the market to mitigate losses

Duty to attempt to use the market to recover the losses through alternative means (cover)

STOP PERFORMING AND MITIGATE LOSSES

76
Q

Foreseeability

A

Recovery only for damages that were reasonably foreseeable as a result of the breach

77
Q

Certainty

A

Can only recover for damages that are reasonably certain

P must be able to prove the damages and calculate it

Damages that are speculative in nature are not recoverable

78
Q

Restitution

A

Equitable remedy - NOT A FORM OF DAMAGES

Used when contract damage calculations are unfair

Focus on D’s unjust enrichment

Restores to the plaintiff the value of a benefit that was unjustly gained by the defendant

79
Q

Liquidated Damages

A

Common clause the parties put into the contract themselves

Agreed upon damages in advance if a breach occurs

If the liquidated damages clause is deemed valid, recovery will be awarded in the agreed amount

80
Q

Elements of Liquidated Damages

A

(1) Damages are difficult to calculate

(2) The amount of damages are reasonable in light of:
-The estimated damages at formation
OR
-Actual damages after the breach

IF TOO MUCH, PUNISHMENT

81
Q

Types of Equitable Relief

A

Specific Performance

Injunctive Relief

82
Q

Specific Performance

A

Forcing a party to perform a promise after the breach

Disfavored by the court

Only used when there is no other remedy to make the plaintiff whole or in unusual circumstances

UCC 2-716
- Goods are unique

83
Q

Injunctive Relief

A

Preventing a party from breaching an agreement, court order prohibiting a party from doing a particular act or activity before beach actually occurs

84
Q

Parole Evidence Rule

A

Used to determine if extrinsic evidence can be admitted when a party is arguing an additional term not written in the contract was supposed to be included

New/extra term in K

Limits what can be entered into evidence

85
Q

Steps for a New Term

A

Step 1: Does it even apply?

Step 2: Is evidence consistent or inconsistent with the written agreement?

Step 3: If consistent with written agreement, does it bar evidence?

86
Q

Step 1: Does it even apply?

A

Applies to:

Prior written or oral terms
OR
Contemporaneous oral terms
AND
There is not separate consideration for that term in addition to the consideration in the written agreement

If neither, PER doesn’t apply and default to admitting the evidence

87
Q

Step 2: Is evidence consistent or inconsistent with the written agreement?

A

Determine whether the extrinsic evidence changes the meaning of the contract (consistent or not)

Consistent when
-Terms that explain or supplement the contract may be added
If this: PROCEED

Inconsistent when
-Evidence is fundamentally inconsistent with the contract or irrelevant to the contract will not be considered
If this: STOP

88
Q

Step 3: If consistent with written agreement, does it bar evidence?

A

You look to see if the contract was integrated, partially integrated, or not integrated at all

89
Q

Fully Integrated

A

Written contract says everything to which the parties have agreed to
STOP: written contract says everything needed, so courts will bar extrinsic evidence

90
Q

Partially Integrated

A

Written contract has writing that addresses those topics, but does not include everything to which parties had agreed to
STOP: courts will only admit extrinsic evidence if it is consistent with terms in writing

91
Q

Not Integrated

A

Writing that really does not express a final and complete agreement as to any terms it states
STOP: extrinsic evidence comes in automatically

92
Q

Two Approaches to Integration

A

Williston
Corbin

93
Q

Williston “Four Corners” Approach - face of the document

A

Does the contract include an integration/merger clause?

Yes: STOP
Extrinsic evidence is not permitted (fully integrated)

No: PROCEED
Does the contract appear complete when considering only what is included within the four corners of the document?

Yes: STOP
Extrinsic evidence is not permitted (fully integrated)

No: Look for exceptions
-Context of the K
-Naturally omitted terms test:
1. Things that are almost common sense that people would not need to say because everyone understands it and doesn’t need to be written
2. If court deems it to naturally have be omitted, then K complete

If no exceptions and not complete, allow extrinsic evidence

94
Q

Corbin Approach

A

Typically all evidence is permitted to help court determine whether the contract is integrated or not

Intent of parties, circumstances and context

Completely Integrated
-No extrinsic evidence permitted

Partially Integrated
-Extrinsic evidence permitted

Merger Clause
-Strong presumption completely integrated BUT still must look to the parties’ intent and context

95
Q

What is an Integration/Merger Clause?

A

States that the terms of K are the complete and final agreement between the parties

96
Q

Identifying the Ambiguity

A

Patent Ambiguity
Latent Ambiguity
Ambiguous Gap in K

97
Q

Patent Ambiguity

A

An ambiguity that appears on the face of a document

More commonly the subject of litigation

Patent ambiguities are hard to see in the writing of the contract
I.e. Language that is unclear or words that have multiple meanings

98
Q

Latent Ambiguity

A

An ambiguity that is only revealed after learning additional information

Tend to be resolved by applying Parol Evidence rules

99
Q

Ambiguous Gap in K

A

The contract is silent or incomplete regarding an issue

Courts use “gap fillers” to cure these ambiguities

Terms that are implied but are not spelled out

Goal is for court to fill in missing term by ascertaining what the parties must have meant

100
Q

All courts will allow ____ to resolve a contractual ____

A

EXTRINSIC EVIDENCE

AMBIGUITY

101
Q

Difference between PER and Ambiguity

A

PER - new/extra term in K
Ambiguity - resolving a term already in K

102
Q

Ambiguity

A

Step 1: Identifying
Step 2: Resolving

103
Q

Resolving the Ambiguity

A

-Course of Performance
-Course of Dealing
-Evidence of Admissions or Negotiation Evidence
-Trade Usage
-Public Policy
-Contra Proferentem

104
Q

Course of Performance

A

How the parties actually performed the contract at issue

105
Q

Course of Dealing

A

How parties performed prior contracts containing the same term at issue

106
Q

Evidence of Admissions or Negotiation Evidence

A

Evidence submitted that related to the admissions or other significant statements made during the negotiations stage of contract formation

Often as persuasive as, and sometimes more persuasive as, “course of dealing”

107
Q

Trade Usage

A

Particular language with an understood meaning in the industry the agreement and parties are dealing in

108
Q

Public Policy

A

Make the contract reasonable and consistent with public policy

109
Q

Contra Proferentem

A

Default rule that a contract should be interpreted against the party that drafted it

We don’t like this because it unnecessary penalizes the drafter

Only used as a last resort

110
Q

Condition

A

An event that will not automatically occur, but must occur before performance by the other party is required (unless the condition is for some reason excused)

111
Q

Types of Conditions

A

Express

Constructive

112
Q

Express Conditions

A

Found within the contract itself

Includes court “gap fillers”

Common Express Conditions: “time is of the essence” recitals, “pay when paid” clauses, and “satisfaction” requirements

Requires perfect performance of the condition

Must be clear, conditional language

113
Q

Constructive Conditions

A

Court reads into a K to create a condition to determine the order in which obligations must occur

114
Q

Promises are ____ in contracts, conditions are ____ in contracts

A

ALWAYS
NOT ALWAYS (optional)

However, courts can impose conditions on a contract even if the parties have not done so themselves

115
Q

Promises v. Conditions

A

Promises - created by parties in K to create an obligation
If it occurs, it discharges an obligation and the effect of failure includes remedies for breach

Conditions - created by parties in K or read into K to postpone an obligation
If it occurs, it creates an obligation and the effect of failure excuses the obligation to perform

116
Q

Construction Conditions Precedent

A

Event happens prior to performance of K

One party needs to perform first in a contract

117
Q

Constructive Conditions Concurrent

A

Event occurs at time of performance of K

When parties intend to have their performance occur simultaneously

118
Q

Independent Promises

A

Promisor must perform the promise regardless of whether the other party has performed

119
Q

Breakdown of Constructive Conditions and Performance

A

Independent Duties
-Must be performed regardless of non-performance by the other party

Dependent duties
-Subject to a constructive condition precedent
-Only become an obligation once the other party’s duty is fulfilled

Substantial vs Perfect Performance
-Unless it is an express condition, substantial performance is usually adequate to trigger dependent duties

120
Q

Satisfaction Clause

A

Express condition

Could give unfettered discretion and be an illusory promise

Generally will be read into as creating an obligation of reasonableness
and good faith

Reasonableness is an objective standard

Subjective standard – if the person is satisfied and not trying to get out of it for a minor thing

121
Q

Time Is Of The Essence Clause

A

Courts look to the context of the agreement to determine if the clause is a promise or a condition
If a condition, it is express
-Often a boiler plate term
-Specifies the time for performance or completion of performance

122
Q

UCC 2-205

A

Firm Offer

123
Q

UCC 2-206

A

Offer and Acceptance in Formation of Contract

An offer should be accepted by any reasonable manner

You can accept by words or deeds even if there was no confirmation of shipment

Although beginning of performance is a mode of acceptance, when the offeror is not notified within a reasonable time of acceptance, it can be treated as a lapse

124
Q

UCC 2-207

A

Additional Terms in Acceptance

125
Q

UCC 2-209

A

Modifications

You do not need additional consideration to modify a contract

Therefore, if you already have a legally binding contract governed by the UCC, the parties are free to make alterations to the promises contained in that contract without additional consideration, so long as there is mutual assent to modify the terms

126
Q

UCC 2-104

A

Merchants

A person, corporation, or other entity who either:
Deals in goods of the kind, or
By occupation has knowledge or skill applicable to the particular field of goods or services in the transaction, or Employs others that have this specific knowledge or skill

Contracts (5 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions