LAW IN CONTRACTS Flashcards

1
Q

CONTRACTS - WHAT LAW

LOVE

A

IN CONTRACTS COMMON LAW OR ARTICLE 2 OF THE UCC APPLY

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2
Q

CONTRACTS UCC LAW

A
  1. 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
  2. CL: Any other K – Services, Land
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3
Q

TYPES OF CONTRACTS (3)

A

ACCEPTANCE: BILATERAL - UNILATERAL
FORMATION: EXPRESS - IMPLIED
VALIDITY: VOID - VOIDABLE

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4
Q

ELEMENTS OF A CONTRACT

A

OFFER
ACCEPTANCE
CONSIDERATION
NO DEFENSES

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5
Q

DEFENSES TO K FORMATION

A
  1. Mistake (VOIDABLE)
  2. Lack of Capacity (VOID)
  3. Illegality (VOID)
  4. SOF (UNENFORCEABLE)
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6
Q

ELEMENTS OF OFFER

A

1) PROMISE Undertaking Commitment (Ad w/ quantity is offer)

2) CERTAIN/DEFINITE

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