Formation Flashcards
UCC governs
The sale of goods
Contracts under UCC must contain definite terms that
Reasonably identify the goods to be sold AND specify the quantity
Output
Contract for sale of as many goods as seller produces
Requirements
contract for sale of as many goods as buyer requires
Illusory promise is unenforceable because
promisor has discretion whether to perform at all
UCC will fill these terms if not included
Place of delivery, time for shipment and delivery, price, time and place for payment
Offer
Communication that gives the recipient the power to conclude contract by accepting the offer
Unilateral offer invites acceptance by
Performance
Bilateral contracts invite acceptance by
return promise
When the performance begins in unilateral contract
Option contract is created and offeror cannot revoke the offer
When performance begins in bilateral contract,
This serves as acceptance and the offeree is bound to complete performance
Bilateral offer can be accepted by
Return promise or starting performance
Promissory estoppel
Promisor reasonably expected to induce reliance, enforcing party reasonably relied, reliance caused substantial detriment and injustice can only be avoided by enforcing promise
Not consideration
Gift promises, conditional gifts, nominal consideration, preexisting legal duty, illusory promise
Consideration is present
- Promisee incurs legal detriment OR promisor receives legal benefit AND
- Promise induces detriment AND detriment induces promise