Ks Flashcards
Essential K Terms
CL - parties, price, description, etc. 🥐 non-essential terms supplied by reasonable term
UCC - need quantity (ex: requirement)
Damages
Expectation - K & other party breached or divisible (ex: construction)
Restitution - duty is discharged or materially breached
Reliance - no K formed
SoF
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
3rd party beneficiaries
Incidental - no rights ❌
Intended - rights to enforce if vested (perf. met or intended to give benefit)
➡️ assert any defense or claim
Assignments
ONLY ENFORCE ASSIGNED RIGHTS