PAContracts

Question 1

PA Breach of Employment K

Answer 1

If K dn state duration, “at will,” meaning either side can terminate at any time; if K provides for “permanent employment,” treated as “at will” b/c duration so vague

Question 2

Non-compete clause enforceable in PA so long as….

Answer 2

1. rsnbly nec to protect valid biz interest of employer 2. rsnly limited in duration + geographic scope *weigh employer’s needs v. hardship on employee + injury to public

Question 3

PA Express Written Statement In Lieu of Consideration

Answer 3

If writing expressly states signer intends to be legally bound, enforceable even absent consideration; same w seal *except in sale of goods K*

Question 4

Promissory Estoppel in PA

Answer 4

PE only indicated when enforcement of promise *necessary to avoid injustice*; limited to reliance damages, not expectation

Question 5

PA: Economic Duress

Answer 5

K voidable (if physical duress, K is void); cts will consider if possible to make injured party whole w/out dismissing entire K

Question 6

PA Law on Exculpatory Clauses

Answer 6

Strictly construed v. party seeking protection; 3 conditions must be met: (i) K b/w persons relating completely to private affairs; (ii) not v. public policy; + (iii) K not one of adhesion (take it or leave it)

Question 7

Forum selection clauses valid under PA law unless…

Answer 7

unreasonable b/c enforcement would seriously impair P’s ability to pursue cause of action (inconvenience/add’l expense insufficient)

Question 8

PA Warranties in Sale of Goods Ks

Answer 8

Seller’s warranty extends to any person in buyer’s family, household, or guest if rsnbl to expect guest would interact w/ good

Question 9

In PA, a 3d party B’s rights vest…

Answer 9

immediately and cannot be modified unless power to modify *expressly stated* in K

Question 10

PA Statute of Frauds

Answer 10

all the CL ones *except not performable in 1 yr*, plus: lease of real property for > 3 yrs

Question 11

PA allows recovery for emotional distress in breach of K action only where:

Answer 11

1. emotional distress accompanied by bodily harm; or 2. breach is of such a kind that serious emotional disturbance particularly likely

Question 12

PA allows recovery for lost profits in breach of K action where:

Answer 12

1. profits can be established w/ *reasonable certainty* (strictly construed); 2. loss was proximate consequence of breach; + 3. loss foreseeable

Question 13

Anticipatory repudiation of K in PA requires either….

Answer 13

1. absolute + unequivocal refusal to perform, or 2. distinct + positive statement of inability to do so *strict–mere uncertainty insufficient