! RAY- Essay Contract

Question 1

Pa- Minor Necessaries

Answer 1

K is voidable if entered with minor. May be able to disaffirm necessaries depending on circumstances.

Question 2

Pa- Defense of Economic Durress + Unconsciounability

Answer 2

Pa recognizes defense

1. economic duress- k
   (1) lack meaningful choice + (2) party asserting it against used power to influence contracter to agreement
2. unconscionable judge as a matter of law
   (i) lack meaningful + (ii) unreasonably favors party asserting it (DRIVING 250 miles away)

Question 3

Pa- interest in land

Answer 3

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.

Question 4

Pa- exculpatory clause

Answer 4

Exculpatory clauses for release from intentional tortious conduct are unenforceable + against public policy unless three conditions are met:

1. cant go against public policy
2. k must be related to private affairs of k parties
3. k cant be of adhesion

Question 5

Pa- Warranties

Answer 5

PA follows majority, S warranty

1. family / anyone in household
2. guests

(ex: fire gel pot)

Question 6

pa: specific performance

non-competes

Answer 6

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

Question 7

pa- damages consequential

Answer 7

pa= compenstate expectation interest

• no damages for emotional in breach k cases
• exception my occur if it was wanton reckless

Question 8

pa: intended benefiaries

Answer 8

pa follows 2 part test:

Question 9

pa: novation requirements

Answer 9

1. displacement of valid contract;
2. substitution
3. legal consideration
4. consent of

Question 10

pa: rule of perp

Answer 10

A gift would be struck down if vested beyond perpetuties only if it was created before Dec 31, 2006

Question 11

pa: joint tenancy transaction not result of severance

Answer 11

In PA, mortgage executed by fewer than all joint tenants severs the joint tenants

Question 12

pa: tenant by entirety

Answer 12

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

Question 13

pa: implied warranty of habitability

Answer 13

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

Question 14

pa- fixtures

Answer 14

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

Question 15

pa: adverse posession

Answer 15

pa-21

normally 20

Question 16

pa: easement

Answer 16

Land owned by local government, may be adversely posessed unless land is devoted to public use, such as a railroad

Question 17

pa: w of fitness for new construction

Answer 17

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

Question 18

pa: race notice + mortgage

Answer 18

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

Question 19

pa: easement implied

Answer 19

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.

Question 20

pa: special manufactured goods

Answer 20

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.

Question 21

pa: ROL Buyer (LIGHTENING)

Answer 21

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