Other

Question 1

Implied in fact contract is

Answer 1

Formed when a party manifests assent by conduct rather than spoken words (could be a failure to object)

(contractor mistakenly paves driveway and owner does not object)

Question 2

Implied in law (quasi) contract is

Answer 2

Constructed by the court to prevent unjust enrichment when a party receives benefit from another who reasonably expects compensation

(doctor treats unconscious person)

Question 3

Contract clauses that require modifications to be in writing are valid. However, those clauses are waived if

Answer 3

1) The parties attempt to modify the contract orally or by their conduct (accepting alternate performance); and

2) One party materially changes his position in reliance on that modification

Question 4

An anticipatory repudiation occurs when

Answer 4

1) When there is a clear expression of an unwillingness to perform; or

2) In UCC a failure to respond to an adequate request for assurance within a reasonable time (30 days)

Question 5

Assignment is allowed unless it

Answer 5

1) materially increases obligor’s contractual duties
2) materially reduces obligor’s change of obtaining performance
3) is void (not merely prohibited) under contract provision

Question 6

Requirements to assign

Answer 6

1) Present intent to immediately assign right
2) Consideration is required to make the assignment irrevocable. (exceptions: Promissory estoppel, stock certificate, delivery of written and signed assignment)

Question 7

Assignees Rights

Answer 7

Assumes all of assignors rights as contract stands at time of assignment, subject to all claims or defenses that accrued before the obligor received notice of the assignment or stem from the assignors failure to perform.

Assignor losses rights and therefore cannot enforce contract

Question 8

Quantum Meriut

Answer 8

When one party confers a benefit on another and has a reasonable expectation of compensation, and allowing the party to receive benefit without any cost would be unjust

Question 9

A court may allow restitutionary recover if

Answer 9

1) P conferred a measurable benefit on D

2) P acted without gratuitous intent

3) It would be unfair to let the D retain the benefit because the D had an opportunity to decline the benefit but accepted it or (P had reasonable excuse not for giving D such opportunity)