FL Contracts & Sales Essay Rules Flashcards

1
Q

Choice of Law

A

Common law - Services or Land
UCC - Sale of good

In this case “this one” applies because “insert facts.

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2
Q

Contract Formation

A
  1. Offer
  2. Acceptance
  3. Consideration
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3
Q

Offer

A

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.

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4
Q

Advertisements

A

Advertisements are not offers, just an invitation to deal but there are times were they are offers.

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5
Q

Firm Offer

A

The offer is irrevocable for a period of time but extra consideration is needed.

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6
Q

Unilateral K

A

Once performance begins the offer becomes irrevocable

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7
Q

Counter offer

A

A counter offer changes the term of the contract and no contract has been created.

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8
Q

Acceptance

A

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.

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9
Q

CL - Mirror Image Rule

A

The acceptance has to mirror the offer.

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10
Q

UCC Acceptance

A

Different terms are acceptable as long as they are not altering the term of the contract.

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11
Q

Consideration

A

Bargain for exchange between the parties.
In Florida, there needs to be a legal detriment or benefits to the parties.

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12
Q

Contract Modification

A

Changes a material term of the contract.

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13
Q

CL Modification

A

In the CL contract modification we will need additional consideration for it to be valid.

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14
Q

UCC K Modification

A

For contract modification to be valid under the UCC all we need is good faith.

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15
Q
A
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