UCC/RS from Contracts I to remember Flashcards

1
Q

4 requirements to a contract

A

Offer, acceptance, consideration, certainty

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2
Q

RS 1: Contract Defined

A

A contract is a promise or a set of promises for the breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty.

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3
Q

RS 2: Promise

A

A promise is a manifestation of intention to act or restrain from acting in a specified way, so made as to justify a promise in understanding a commitment has been made.

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4
Q

RS 3: Agreement/ Bargain

A

An agreement is a manifestation of mutual assent on the part of two or more persons.

A bargain is an agreement to exchange promises or to exchange a promise for a performance or to exchange performances

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5
Q

RS 4: How a promise can be made

A

A promise may be stated in words either oral or written, or may be inferred wholly or partly from conduct.

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6
Q

Unilateral Contract

A

An exchange of a promise for a performance.

For acceptance purposes: no notification of acceptance required.

Once performance is started, the offeror cannot revoke the offer.

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7
Q

Bilateral Contract

A

An exchange of mutual promises or performances.

For acceptance purposes: Notification of acceptance required.

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8
Q

UCC applies to:

Common Law applies to:

A

UCC- Goods

Common Law- Real Estate, services, intangibles

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