General Contracts Flashcards
1
Q
Unilateral K
A
offer that expressly requires performance as only possible method of acceptance. (“offer, only by”)
2
Q
Bilateral K
A
all other offers, usually silent as to acceptance. Bilateral K unless: 1) Reward, prize, context; 2) offer that expressly requires performance for acceptance.
3
Q
Quasi K (remedy)
A
K price is not measure of recovery; focus on value of benefit conferred. Use when K law produces an unfair result:1) P conferred benefit on ∆; 2) P reasonably expected to be paid; AND 3) ∆ realizes unreasonable enrichment if P is not compensated.
4
Q
When Does Common law apply?
A
any time other than sale of goods
5
Q
When Does UCC Apply?
A
(applies to all K for sale of goods) (tangible personal prop) Most rules are same CL, but make note if parties are merchants
