Intro Flashcards

1
Q

three questions

A

1) has a contract been formed
2) has contract been performed or excused
3) remedies for breach of contract

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2
Q

Look for universe

A

CL vs UCC

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3
Q

formation of k

A

1) offer acceptance
2) consideration
3) defenses
4) SOF

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4
Q

at cl

A

need all essential terms

parties, subject, price, quantity

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5
Q

ucc

A

need subject, parties, quantity

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6
Q

output k

A

seller promises to sell 100% to buyer

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7
Q

requirement k

A

buyer promises to buy 100%

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8
Q

merhant offer

A

same

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9
Q

acceptance

A

offeror is the master of offer

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10
Q

if not specified,

A

return promise or performance

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11
Q

accepts by shipping wrong goods?

A

acceptance and breach

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12
Q

exception:

A

seller seasomably notifies buyer that goods are being shipped as an accomodation, then you have a counteroffer

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13
Q

to determine whether new terms in acceptance control look at,

A

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

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14
Q

if no k, but everybody acts like there is

A

only terms everyone agrees on stays and everyhting else is UCC bound

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15
Q

auction k

A

each bid is an offer

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16
Q

acceptance occurs with the

A

fall of the hammer

17
Q

if someone bids exactly when hammer falss

A

auctioneer can re-open or call it

18
Q

reserve auction

A

seller cannot withdraw an item after a bid has been received

19
Q

can bidders retract?

A

yes if auction not finished; does not revive prior bid