Overview

Question 1

The three big questions on contract law

Answer 1

Has an enforceable contract been formed?
Has the contract been performed?
What are the remedies for breach?

Question 2

Has the contract been formed?

Answer 2

All contracts don’t stink
Agreement
consideration
Defense
Sof

Question 3

Has the contract been performed?

Answer 3

Pizza with crawling escargot
Parol evidence rule
warranties
conditions
excuses

Question 4

What are remedies for breach?

Answer 4

AMS

anticipatory repudiation
money damages
specific performance

Question 5

What are the two contracts universes?

Answer 5

Common law - real estate or services
UCC - goods

Question 6

How to deal with mixed contracts? (Two different appraoches)

Answer 6

All or nothing approach – exception is divisible contracts

predominant purpose approach – which plays a bigger role?

Question 7

Six ways of terminating offer (squash the caterpillar)

Answer 7

1. Offeror expressly revokes
2. Offeror constructively revokes (offeree learns of it)
3. Offeree rejects
4. Offerree makes counteroffer
5. Offeror dies (EXCEPT OPTION OFFER WITH CONSIDERATION)
6. Reasonable time passes

But see irrevocable offers

Question 8

Four ways offers can be irrevocable

Answer 8

Option offers
firm offers (merchants in UCC, if meet requirements)
Offeree starts to perform (unilateral contract)
Detrimental reliance

Question 9

Exceptions to the mailbox rule

Answer 9

Offerree send something else first (rejection)
Rejections, revocations
Option contracts
Other media? Unknown