Inner Contracts Checklist Flashcards

1
Q

Formation

A
  1. Applicable Law
  2. Offer
  3. Termination
  4. Revocation
  5. Rejection
  6. Acceptance
  7. Consideration
  8. Defenses
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2
Q

Third Party Beneficiary/Assignments, Delegations

A

Does Public Intercourse Cause V.D.

  • Define
  • Privity
  • Intent to Benefit
  • Classification
  • Vesting
  • Defenses
  • Divide lawsuits (if necessary)
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3
Q

Excuses to fulfilling a condition

A

SWAP DIVE

  • Substantial Performance
  • Waiver
  • Anticipatory repudiation
  • Prevention
  • Divisibility
  • Impossibility of Performance
  • Voluntary disablement (prospective inability to perform)
  • Estoppel
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4
Q

Discharge

A

IM FOR SANDI

If plaintiff’s condition has been satisfied, then defendant’s absolutely duty to perform matures unless discharged by one of the following:

  • Impossibility of performance
  • Modification
  • Frustration of purpose
  • Occurrence of condition subsequent
  • Rescission
  • Substituted contract
  • Accord and Satisfaction
  • Novation
  • Defenses to formation
  • Impractibility
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5
Q

Remedies

A

Does Ronald Reagan Read Sports Illustrated

  • Damages
  • Rescision
  • Restitution
  • Reformation
  • Specific Performance
  • Injunction
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6
Q

Types of damages

A
  • General
  • Special-Consequential
  • Liquidated
  • Reliance
  • Avoidable Consequence Rule
  • Quasi-Contract
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7
Q

Specific Performance

A

Charles Atlas Earns Much Cash Delivering Elephants

  • Valid Contract
  • Adequacy of legal remedy
  • Enforceability of decree
  • Mutuality of remedy
  • Conditions
  • Defenses
  • Equitable conversion
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