UCC/RS from Contracts I to remember Flashcards
4 requirements to a contract
Offer, acceptance, consideration, certainty
RS 1: Contract Defined
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.
RS 2: Promise
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.
RS 3: Agreement/ Bargain
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
RS 4: How a promise can be made
A promise may be stated in words either oral or written, or may be inferred wholly or partly from conduct.
Unilateral Contract
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.
Bilateral Contract
An exchange of mutual promises or performances.
For acceptance purposes: Notification of acceptance required.
UCC applies to:
Common Law applies to:
UCC- Goods
Common Law- Real Estate, services, intangibles