FL Contracts & Sales Essay Rules Flashcards
Choice of Law
Common law - Services or Land
UCC - Sale of good
In this case “this one” applies because “insert facts.
Contract Formation
- Offer
- Acceptance
- Consideration
Offer
An offer is an outward manifestation of an intent to enter into a contract with specific terms communicated to the offeree. Offers are revocable until the offeree accepts.
Advertisements
Advertisements are not offers, just an invitation to deal but there are times were they are offers.
Firm Offer
The offer is irrevocable for a period of time but extra consideration is needed.
Unilateral K
Once performance begins the offer becomes irrevocable
Counter offer
A counter offer changes the term of the contract and no contract has been created.
Acceptance
Some sort of communication to enter into the contract.
The offer can be accepted by any reasonable manner unless the offeror specifies a manner of acceptance.
CL - Mirror Image Rule
The acceptance has to mirror the offer.
UCC Acceptance
Different terms are acceptable as long as they are not altering the term of the contract.
Consideration
Bargain for exchange between the parties.
In Florida, there needs to be a legal detriment or benefits to the parties.
Contract Modification
Changes a material term of the contract.
CL Modification
In the CL contract modification we will need additional consideration for it to be valid.
UCC K Modification
For contract modification to be valid under the UCC all we need is good faith.