Intro

Question 1

When does UCC govern contract?

Answer 1

Sale of Goods

Question 2

When does common law/restatment govern contract?

Answer 2

Anything other than sale of goods
(property, services, etc)

Question 3

Express Contract

Answer 3

formed with words

Question 4

Implied Contract

Answer 4

formed with conduct

Question 5

Bilateral Contract

Answer 5

promise for promise

Question 6

Unilateral

Answer 6

promise for service

Question 7

Void Contract

Answer 7

always improper in the eyes of the law

Question 8

Voidable Contract

Answer 8

Grieved party has the option to render contract enforcable

Question 9

Implied in Fact

Answer 9

implied through conduct

Question 10

Implied in Law

Answer 10

No agreement

Question 11

Goods (2-103)

Answer 11

all things moveable

Question 12

Offer

Answer 12

communicated willingness to bargain inviting another’s assent
- gives power of acceptance

Question 13

If price/quantity omitted:

Answer 13

Not an offer (unless OPT)

Question 14

Consideration (R 71)

Answer 14

performance or return promise bargained for
- AKA gift vs deal

Question 15

Promissory Estoppel

Answer 15

If someone detrimentally relies on a gratuitous promise, the promisor cannot deny consideration.

Question 16

Preliminary Negotiations (R 26)

Answer 16

willingness to bargain is not an offer

Question 17

Acceptance (R 50)

Answer 17

manifestation of assent in a manner invited by the offer

Question 18

Revocation

Answer 18

Power of revoking the offer
- Offeror generally always has this power.

Question 19

Option Contract by Part Performance

Answer 19

If offer only invites performance by acceptance, the offer is irrevocable once performance begins

Apply four factor test to decide

Question 20

Defenses

Question 21

Express Terms

Answer 21

In the words of the contract

Question 22

Implied Terms

Answer 22

Not expressed

Question 23

Kinds of Implied Terms

Answer 23

Course of dealing, course of performance, usages of trade

Question 24

Contracts of Adhesion

Answer 24

“take it or leave it”

procedural unconscionability

Question 25

Statute of Frauds

Answer 25

Requires some contracts to be in writing Things fall WITHIN or OUTSIDE MYLEGS are within

Question 26

Monetti v. Anchor Hocking

Answer 26

statute of frauds under UCC does not require contract be in writing, but only that there be a sufficient memorandum to indicate that there really was a contract.

Question 27

What can Parol Evidence NOT do?

Answer 27

contradict integrated terms