! RAY- Essay Contract Flashcards
Pa- Minor Necessaries
K is voidable if entered with minor. May be able to disaffirm necessaries depending on circumstances.
Pa- Defense of Economic Durress + Unconsciounability
Pa recognizes defense
- economic duress- k
(1) lack meaningful choice + (2) party asserting it against used power to influence contracter to agreement - unconscionable judge as a matter of law
(i) lack meaningful + (ii) unreasonably favors party asserting it (DRIVING 250 miles away)
Pa- interest in land
Sof generally requires that a contract be in writing to be enforceable. Pa same except lease has to be for more than 3 years to be enforceable.
Pa- exculpatory clause
Exculpatory clauses for release from intentional tortious conduct are unenforceable + against public policy unless three conditions are met:
- cant go against public policy
- k must be related to private affairs of k parties
- k cant be of adhesion
Pa- Warranties
PA follows majority, S warranty
- family / anyone in household
- guests
(ex: fire gel pot)
pa: specific performance
non-competes
K prohibiting employment with competitor are generally enforceable, if supported with consideration- either initial employment or beneficial change in condition of employee.
if parties agree in k before employment begins= no new consideration
if parties agree in k after employment begins after= new consideration
pa- damages consequential
pa= compenstate expectation interest
- no damages for emotional in breach k cases
- exception my occur if it was wanton reckless
pa: intended benefiaries
pa follows 2 part test:
pa: novation requirements
- displacement of valid contract;
- substitution
- legal consideration
- consent of
pa: rule of perp
A gift would be struck down if vested beyond perpetuties only if it was created before Dec 31, 2006
pa: joint tenancy transaction not result of severance
In PA, mortgage executed by fewer than all joint tenants severs the joint tenants
pa: tenant by entirety
married couples= make sure they are married + if they are married, look at deed to see whether as entirety or in common
Pa recognizes ten by entirety. However, deed controls thus if it gives as tenants in common then they hold as tenants in common.
if spouse kills other, the surviving spouse may keep portion until death then goes to slain spouse’s estate
pa: implied warranty of habitability
The implied warranty of h is inherent in every residential premises lease.
- LL warrants that the leased premises is free from defects that make it unfit for habitability.
- breach is a defense to LL suit for witholding rent.
To assert defense of breach of implied w, T must show that defect in leased premises is material. MNOR
T must show
(i) material defect
(ii) notice to LL
(iii) opportunity to make repairs and
(iv) repairs not made.
If breach is established, T may MR3
Damages are measured by an abatement of the rent equal to
pa- fixtures
Fixtures are defined as chattels that are physically attached to real estate may not be removed without physically damaging real estate. Damage depends on intention of parties
Trade Fixtures: If tenant attaches to real estate equiptment, something that is necessary for business, those items are considered trade fixtures. T is entitled to move it
pa: adverse posession
pa-21
normally 20
pa: easement
Land owned by local government, may be adversely posessed unless land is devoted to public use, such as a railroad
pa: w of fitness for new construction
In PA, inherent in home builders contracts for new home is the builders warranty that it is fit in a “REASONABLY WORKMAN LIKE MANNER AND IS FIT FOR THE PURPOSE OF HABITATION”
(i) latent defect
(ii) attributable to the design of construction
(iii) affects habitability
must be brought within 12 years
pa: race notice + mortgage
In Pa, mortgagee has right to take posessoion of property after default, bc its covenance of title.
- RACE NOTICE (bfp + first to record)
- title theory
pa: easement implied
An easement involves express right to use land of another. An easement appurtenant is an easement where there is two parcels a land: both a dominant and servant estate. An affirmative easement may be implied by prior use or necessity. A necessary easement occurs when
property, held in common is severed and there is strict necessity for easement
An affirmative easement implied by prior use occurs when there is CEARI
- continuing,
- existing and apparent use of the easement;
- reasonably necessary
- intended by parties and is reasonably necessary.
pa: special manufactured goods
The issue here is whether the oral k is enforceable even though it is subject to SOF.
Under UCC k for sale of goods over$500 must be signed in writing by the parties against whom enforecement is sought. An exception to this rule exists when the good in nature is a specially made goods. Specially made goods are those that cannot be sold in the normal stream of commerce.
pa: ROL Buyer (LIGHTENING)
Where property is destroyed through no fault of either party, the K can be avoided under “frusteration of purpose”.
Lightening struck destroyed the subject matter of the contract, and return deposit of goods
