Restatement 2d Sections Flashcards

1
Q

Definition of “contract”

A

1

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2
Q

Definitions of “promise”, “promisor”, “promisee”, “beneficiary”

A

2

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3
Q

Definitions of “agreement”, “bargain”

A

3

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4
Q

Remedies

A

344, 345

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5
Q

Damages

A

346, 347

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6
Q

Punitive damages

A

355

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7
Q

Intoxicated persons

A

16

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8
Q

Requirement of a bargain

A

17

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9
Q

Manifestation of mutual assent, conduct as manifestation of assent

A

18, 19

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10
Q

Intention to be legally bound

A

21

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11
Q

Offer and acceptance

A

22

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12
Q

Definition of “offer”

A

24

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13
Q

Preliminary negotiations

A

26

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14
Q

Existence of Contract Where Written Memorial is Contemplated

A

27

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15
Q

Certainty

A

33

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16
Q

Auctions

A

28

17
Q

Mistake(s)

A

151-154

18
Q

Form of acceptance invited

A

30

19
Q

Definition(s) of “acceptance; by performance, by promise”

A

50

20
Q

Acceptance by performance (unilateral offer)

A

54

21
Q

Acceptance by promise (bilateral offer)

A

56

22
Q

Effect of performance by offeree where offer invites either performance or promise

A

62

23
Q

Part performance, offeree, acceptance by performance

A

51-53

24
Q

Option contract created by part performance

A

45

25
Q

To whom an offer is addressed

A

29

26
Q

Invitation of promise or performance

A

32

27
Q

Reasonableness of medium of acceptance

A

65

28
Q

Acceptance by silence or exercise of dominion

A

69

29
Q

Option contract (options)

A

25

30
Q

Offeree’s power of acceptance, etc.

A

35-43

31
Q

Revocation of general offer (advertisement)

A

46

32
Q

Death or incapacity of offeror or offeree

A

48

33
Q

Acceptance which requests change of terms

A

61

34
Q

Time when acceptance takes effect (“Mailbox” Rule), acceptance by telephone or teletype

A

63, 64

35
Q

Acceptance properly dispatched, effect of receipt of acceptance improperly dispatched, what constitutes receipt of revocation, rejection, or acceptance

A

66, 67, 68

36
Q

An offer is binding as an option contract 1) if the offeror should reasonably expect his offer to induce action or forbearance of a substantial character on the part of the offeree before acceptance, 2) if such action or forbearance is induced, AND 3) if enforcement is necessary to avoid injustice (Drennan v. Star Paving)

A

87(2)

37
Q

PROMISSORY ESTOPPEL; Promise Reasonably Inducing Action or Forbearance. A promise is binding 1) if the promisor should reasonably expect his promise to induce action or forbearance on the part of the promisee, 2) if such action or forbearance is induced, AND 3) if enforcement is necessary to avoid injustice.

A

90

38
Q

Effect of Uncertainty of Terms

A

362