LAW IN CONTRACTS Flashcards
1
Q
CONTRACTS - WHAT LAW
LOVE
A
IN CONTRACTS COMMON LAW OR ARTICLE 2 OF THE UCC APPLY
2
Q
CONTRACTS UCC LAW
A
- UCC art 2: Sale of Goods
a. Merchant defined: Regularly sells or Profession
b. Obligation of Good Faith and Fair Dealing: Honesty in fact reasonable commercial standards – allows for modification w/o consideration - CL: Any other K – Services, Land
3
Q
TYPES OF CONTRACTS (3)
A
ACCEPTANCE: BILATERAL - UNILATERAL
FORMATION: EXPRESS - IMPLIED
VALIDITY: VOID - VOIDABLE
4
Q
ELEMENTS OF A CONTRACT
A
OFFER
ACCEPTANCE
CONSIDERATION
NO DEFENSES
5
Q
DEFENSES TO K FORMATION
A
- Mistake (VOIDABLE)
- Lack of Capacity (VOID)
- Illegality (VOID)
- SOF (UNENFORCEABLE)
6
Q
ELEMENTS OF OFFER
A
1) PROMISE Undertaking Commitment (Ad w/ quantity is offer)
2) CERTAIN/DEFINITE