Formation

Question 1

Types of Formation

Answer 1

(1) Express: language, oral, or written
(2) Implied: conduct
(3) Quasi (constructive): from the law
a. P conferred a benefit on D;
b. P reasonably expects to be paid;
c. D realizes unjust enrichment if P is not compensated
d. can only recover for up to the K price
(SoF bars recovery)

Question 2

4 Types of Validity

Answer 2

(1) Void: null from beginning
(2) Voidable: defect in formation; 1 P is incapable
of forming K so it can be voided
(3) Unenforceable: no defect in formation, but Ct can
refuse to enforce for extrinsic grounds - (SoF,
duress, SoL) - must be raised by D, or else
defenses are waived
(4) Valid: Ks that are not void or voidable