Sources of Contract Law

Question 1

How should you handle “hybrid” Ks?

Answer 1

1. Majority- classification is determined by the predominant purpose of the K by analyzing the language of the K, the nature of the business; and the relative value of the good vs. the service.
2. Minority- partition the K

Question 2

When does the UCC govern?

Answer 2

1. for normal consumers, the sale of goods over $500

2. for merchants, the sale of all goods

Question 3

When does the Common Law Govern?

Answer 3

1. For Ks that dont involve the sale of goods.

Question 4

Implied-in-fact Ks

Answer 4

consensual agreements that fail to express the agreement of the the parties

Question 5

Implied-in-law Ks

Answer 5

equitable imposition of a would-be K to prevent unjust enrichment, where one party bestows a benefit on the other.

Question 6

quantum meruit

Answer 6

a means of enforcing both implied-in-fact and implied-in-law contractual obligations