Ks Flashcards

1
Q

Essential K Terms

A

CL - parties, price, description, etc. 🥐 non-essential terms supplied by reasonable term
UCC - need quantity (ex: requirement)

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2
Q

Damages

A

Expectation - K & other party breached or divisible (ex: construction)
Restitution - duty is discharged or materially breached
Reliance - no K formed

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3
Q

SoF

A

Marriage, Year (❌ if Can be completed w/in year like employment Ks), land K (➡️ PIP), executor, grantor (confers benefit), sale (+ $500 ➡️ merchant memo & object w/in 10 days)
ESTOPPEL CAN OVERRIDE WRITTING

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4
Q

3rd party beneficiaries

A

Incidental - no rights ❌

Intended - rights to enforce if vested (perf. met or intended to give benefit)

➡️ assert any defense or claim

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5
Q

Assignments

A

ONLY ENFORCE ASSIGNED RIGHTS

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