Intro Flashcards
three questions
1) has a contract been formed
2) has contract been performed or excused
3) remedies for breach of contract
Look for universe
CL vs UCC
formation of k
1) offer acceptance
2) consideration
3) defenses
4) SOF
at cl
need all essential terms
parties, subject, price, quantity
ucc
need subject, parties, quantity
output k
seller promises to sell 100% to buyer
requirement k
buyer promises to buy 100%
merhant offer
same
acceptance
offeror is the master of offer
if not specified,
return promise or performance
accepts by shipping wrong goods?
acceptance and breach
exception:
seller seasomably notifies buyer that goods are being shipped as an accomodation, then you have a counteroffer
to determine whether new terms in acceptance control look at,
1) both parties merchants
2) new term does not materially alter the deal
3) initial offer did not limit acceptance to its terms and
4) offeror does not object
if no k, but everybody acts like there is
only terms everyone agrees on stays and everyhting else is UCC bound
auction k
each bid is an offer
acceptance occurs with the
fall of the hammer
if someone bids exactly when hammer falss
auctioneer can re-open or call it
reserve auction
seller cannot withdraw an item after a bid has been received
can bidders retract?
yes if auction not finished; does not revive prior bid