MBE Review Flashcards
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EXPERT’S OPINIONS MAY BE BASED ON FACTS
- LEARNED BEFORE THE TRIAL
- LEARNED AT THE TRIAL
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FACTORS FOR EVALUATING THE PREDOMINATE PURPOSE RULE ARE
- LANGUAGE OF CONTRACT
- NATURE OF SUPPLIER’S BUSINESS
- RELATIVE VALUE OF GOODS VS. SERVICES
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QUANTUM MERUIT IS THIS TYPE OF CONTRACT
- IMPLIED-IN-FACT
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MEANS OF REVOKING OFFER
- LAPSE
- DEATH BY OFFEROR
- REVOCATION BY OFFEROR
- REJECTION BY OFFEREE
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INDIRECT REVOCATION OCCURS WHEN
- OFFEROR ACTS IN AN WAY INCONSITENT WITH INTENTION TO MAINTAIN OFFER
- OFFEREE LEARNS ABOVE ACTION FROM RELIABLE SOURCE
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OPTION CONTRACT
- OFFEREE AGREES TO KEEP OFFER OPEN FOR AGREED UPON PERIOD OF TIME
- IN EXCHANGE FOR CONSIDERATION FROM OFFEREE
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MAJORITY RULE - WHERE CONTRACTOR USES SUB-CONTRACTOR’S BIDS TO MAKE HIS OWN BID, WHAT MAY CONTRACTOR USE TO ENFORCE SUB-CONTRACTOR’S BIDS?
PROMISSORY ESTOPPEL
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ACCEPTANCE OF CONTRACT OFFER BY SILENCE CAN OCCUR WHERE
- IMPLIED IN FACT
- PRIOR DEALINGS CREATE REASON FOR OFFERREE TO NOTIFY OFERROR HE DOES NOT INTENT TO ACCEPT
- OFFEREE GIVES OFFEROR CLEAR REASON TO EXPECT SILENCE WILL CONSTITUTE ACCEPTANCE
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UCC TERMS MATERIALLY ALTERING CONTRACT
- WARRANTY DISCLAIMERS
- CHANGE TO PRICE, QUALITY, QUANTITY
- DISPUTE RESOLUTION
- CLAUSES CHANGING INDUSTRY STANDARDS
- CLAUSES CHANGING STANDARDS OF PRIOR DEALINGS
- ATTORNEY’S FEES PROVISIONS
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EXCEPTIONS TO THE PREEXISTING DUTY RULE
- CHANGED CIRCUMSTANCES
- RATIFY VOIDABLE OBLIGATION
- HONESTY DISPUTE OF DUTY
- DUTY IS TO THIRD PARTY
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UNDER THE UCC, CONDITIONED ACCEPTANCE IS NOT
- ACCEPTANCE
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IMPLIED IN FACT CONTRACTS ARE TYPICALLY CREATED BY
CONDUCT
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PERFECT TENDER RULE - A SHIPMENT OF NON-CONFORMING GOODS WILL ALLOW SELLER TO
- ACCEPT NON-CONFORMING GOODS
- REJECT NON-CONFORMING GOODS
- CEASE PERFORMANCE
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REMEDY OF NON-BREACHING LOST VOLUME SELLER
- DEMAND THE EXPECTED PROFIT OF THE CONTRACT
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UCC 2-706 - NON-BREACHING SELLER’S REMEDY IN RECEIPT REJECTED BUT CONFORMING GOODS
- SELL THE GOODS AT A PRIVATE OR PUBLIC SALVAGE SALE
- AFTER NOTICE TO BREACHING BUYER
- DEMAND EXCESS OF CONTRACT PRICE OVER SALVAGE SALE PRICE
- PLUS INCIDENTAL EXPENSES
- MINUS EXPENSES SAVED FROM BREACH