Generally Flashcards
Unilateral Contract
offer that expressly requires performance as the ONLY possible method of acceptance
Bilateral Contract
All other offers that are not unilateral. Usually, silent as to the method of acceptance.
Bilateral unless (1) reward, price, contest, or (2) expressly requires performance for acceptance
Quasi Contract
Equitable remedies. NOT CONTRACTS. constructed by courts to avoid unjust enrichment by permitting P to bring an action in RESTITUTION to recover benefit conferre
Goods
governed by UCC. All THIGNS MOVABLE at the time they are identified as the goods to be sld under the contract
Most tangible things, but not real estate, serivices, construction, or intangibles
Merchant
One who regularly deals in goods of the kind sold or one who otherwise by his profession holds himself out as having special knowledge or skills as to the goods involed
Mixed Deals
Generally, all or nothing. More important part of the K governs.
Exception: when contract expressly divides payment between goods and services, then UCC applies to goods and common law to rest, regardless of difference in amount