Wrong Deck Flashcards
If a co-felon is killed by a police officer (or a victim) either in self-defense or to prevent escape
the defendant is not guilty of felony murder. The killing by the police officer is considered justifiable homicide.
Under MPC, mental illness defense
Under the Model Penal Code test, a defendant is not guilty when, at the time of the conduct, as a result of a mental disease or defect, he did not have substantial capacity to appreciate the wrongfulness of the act or to conform his conduct to the law.
Caught spouse cheating
Voluntary manslaughter is homicide committed with malice aforethought, but also with mitigating circumstances. It includes homicide committed in response to adequate provocation (i.e., in the “heat of passion”). The woman’s enraged mental state mitigates the crime from murder to voluntary manslaughter.
Saw man commit crime but did not report to police
An accessory after the fact is a person who aids or assists a felon in avoiding apprehension or conviction after commission of the felony. An accessory after the fact must know that a felony was committed, act specifically to aid or assist the felon, and give the aid or assistance for the purpose of helping the felon avoid apprehension or conviction.
Mother asking daughter to steal
Solicitation is the enticing, encouraging, requesting, or commanding of another person to commit a crime with the intent that the other person commits the crime. The encouragement may take the form of enticement, incitement, request, or command. The crime is completed upon the encouragement. The other person need not agree to commit the crime.
robbery but clerk kills bystander
Felony murder is an unintended killing proximately caused by and during the commission or attempted commission of an inherently dangerous felony, including a robbery. Most states apply the agency theory when a bystander is killed by a police officer or due to resistance by the victim of the felony. Under this theory, the felon will not be liable for the death of a bystander caused by a felony victim or police officer because neither person is the felon’s agent.
Attractive Nuisance
Under the attractive nuisance doctrine, a land possessor may be liable for injuries to children trespassing on the land if:
i) an artificial condition exists in a place the land possessor knows or has reason to know children are likely to trespass;
ii) the owner knows or has reason to know that the condition poses an unreasonable risk of death or serious bodily injury to children;
iii) the children, because of their youth, do not discover or cannot appreciate the danger presented by the condition;
iv) the utility to the landowner of maintaining the condition and the burden of eliminating the danger are slight compared to the risk of harm presented to children; and
v) the landowner fails to exercise reasonable care to protect children from the harm.
Did not matter that Nuisance was visible.
Join and several liability
Under the doctrine of joint and several liability, each of two or more tortfeasors who is found liable for a single and indivisible harm to the plaintiff is subject to liability to the plaintiff for the entire harm.
Even if only 20% at fault, can be on hook for whole harm of tortfeasors
Informed Consent
Physicians are under a special obligation to explain all material risks of a medical procedure to a patient in advance of a patient’s decision to consent to treatment. Failure of a physician to secure informed consent from the patient constitutes a breach of the physician’s duty toward the patient and is actionable as medical malpractice. Doctors are not under an obligation to disclose when the risk is a commonly known risk, the patient waives or refuses the information, the patient is incompetent (although the physician must make a reasonable attempt to secure informed consent from a guardian), or disclosure would be detrimental to the patient (e.g., it would upset the patient enough to cause extreme illness, such as a heart attack).
Material risks must disclose
Landowner Duty of Care to invitee
While landowners owe some duty of care to anticipated trespassers, they owe no duty to trespassers who are neither discovered nor anticipated.
NEID
A plaintiff can recover for negligent infliction of emotional distress from a defendant whose tortious conduct placed the plaintiff in harm’s way if the plaintiff demonstrates that: (i) he was within the “zone of danger” of the threatened physical impact—that he feared for his own safety because of the defendant’s negligence; and (ii) the threat of physical impact caused emotional distress.
Professional Duty
A professional person, like an electrician, is expected to exhibit the same skill, knowledge, and care as an ordinary professional in the same community. Answer choice A is incorrect because it describes the common law duty of care owed by innkeepers, not professionals.
in the community*
Landowner to Invitee beyond scope of invitation
An invitee is one who enters the land of another by invitation, often, but not necessarily, for the business purposes of the landowner. A landowner owes the greatest duty of care to invitees: he is under the same obligations owed to licensees (duty to warn and to use reasonable care), but he also must conduct reasonable inspections of his property and make the property safe for the protection of invitees. A landowner is liable for any negligence that causes an invitee to be injured due to unsafe conditions. The duty of care owed to an invitee does not extend beyond the scope of the invitation, however, and the invitee is treated as a trespasser in areas beyond that scope
Preexisting Duty Rule
Traditional common law rule
- Promise to perform, or performance of, preexisting duty does not constitute consideration
Modern exception
- Consideration exists if preexisting duty owed to third person (ie, nonparty to contract)
Under the common law, modification of an existing contract is permitted if it is supported by new consideration—i.e., a bargained-for exchange of promises or performance—from both sides of the agreement
As a result, a modification is permitted when there are unanticipated difficulties* and one party agrees to compensate the other so long as the modification is fair and equitable in light of those difficulties.
Accord Agreement
An existing contractual obligation can be discharged by an accord agreement. Under this agreement, a contracting party agrees to accept performance that differs from what was promised in an existing contract in satisfaction of the other party’s existing duty. When a claim is unliquidated or otherwise subject to dispute, it can be discharged by accord and satisfaction if:
the person against whom the claim is asserted tendered a negotiable instrument (e.g., a check)
the instrument was accompanied by a conspicuous statement indicating that it was tendered as full satisfaction of the claim (e.g., “payment in full”) and
the claimant obtained payment of the instrument.
Perfect TEnder Rule
Under the UCC, a requirements contract is a contract under which the buyer agrees to purchase as many goods as the buyer requires from the seller. And under the perfect-tender rule, the goods and the seller’s tender of those goods must fully conform with the terms of the agreement. Substantial performance will not suffice.
Although goods must generally be tendered in a single delivery, this rule does not apply when the contract or circumstances indicate otherwise. For example, a single delivery would be unreasonable when the buyer would clearly have no room to store the goods if they were delivered all at once. In such an event, the buyer is entitled to reject the delivery for imperfect tender.
Impracticability defense
Parties to a contract have an absolute duty to perform unless that duty is discharged. Performance can be discharged due to impracticability if:
an unforeseeable event has occurred
the contract was formed under the basic assumption that the event would not occur and
the party seeking discharge of performance is not at fault.
But if a party assumed the risk of an event happening that made performance impracticable, then the party’s performance will not be discharged by impracticability.
Intended beneficiaries
A third-party beneficiary is a nonparty to a contract who receives some advantage or benefit from that contract. There are two types of third-party beneficiaries:
Intended – who receive a direct benefit from the contract because the contracting parties so intended (e.g., the contract provides that payment will go directly to a third party—as seen here)
Incidental – who receive some indirect benefit from the contract even though there was no contractual intent to benefit them (i.e., all third-party beneficiaries who are not intended beneficiaries)
Intended beneficiaries—not incidental beneficiaries—have contractual rights and may sue to enforce those rights once they vest. This occurs when the beneficiary detrimentally relies on the rights created, manifests assent to the contract at one party’s request, or files a lawsuit to enforce the contract. Until that time, the contracting parties can modify or rescind the contract without the beneficiary’s consent.
condition precedent
Performance is generally due once a contract is formed, but a duty to perform can be delayed or discharged by a condition—i.e., an uncertain future event that must occur before performance becomes due or is discharged. There are two types of conditions:
condition precedent – delays performance until a specified event occurs
condition subsequent – excuses performance once a specified event occurs
A condition precedent will be excused if a party whose performance is subject to that condition wrongfully prevents or interferes with its occurrence—e.g., by breaching the duty of good faith and fair dealing (which includes the duty to cooperate) that is implied in every contract. When this occurs, the condition no longer needs to occur for the interfering party’s performance to become due.
anticipatory repudiation
The doctrine of anticipatory repudiation generally applies when a contracting party clearly and unequivocally indicates an unwillingness to perform a promise before the time for performance is due. Upon repudiation, the nonrepudiating party may:
treat the repudiation as a breach of the contract or
ignore the repudiation and demand performance.
However, this doctrine does not apply when the date of performance has not passed and the nonrepudiating party has fully performed. Under those circumstances, the nonrepudiating party must wait until the repudiating party’s performance is due before filing suit.
Parol Evidence Rule
The parol evidence rule generally bars evidence of prior or contemporaneous agreements that contradict the terms of an integrated writing—i.e., a writing that presents the final expression of the parties’ agreement. A writing may be fully or partially integrated. However, the UCC presumes that a contract for the sale of goods (e.g., jewelry) is only partially integrated.* As a result, evidence that supplements a written contract is admissible—but evidence that contradicts the writing is inadmissible.
Substantial performance and recovery
A party who substantially performs contractual obligations (i.e., commits a minor breach) can recover on the contract even though that party has not rendered full performance. The substantially performing party can generally recover the contract price minus any cost that the nonbreaching party incurred to receive full performance.
In contrast, a party who commits a material breach by failing to substantially perform cannot recover under the contract. The breaching party can only recover in restitution for any benefit conferred on the nonbreaching party minus damages for the breach.
UCC Intent to be bound
Under the UCC, a contract for the sale of goods is formed if both parties intend to contract and there is a reasonably certain basis for giving a remedy in the event of a breach. Intent to contract is judged by outward, objective manifestations of intent, as interpreted by a reasonable person. So when an agreement reflects an intent to be bound only if the price is subsequently set, no contract is formed until the price is set.
UCC missing terms
Contract terms must be sufficiently certain and definite for the court to determine the existence of a breach and give an appropriate remedy. While the common law requires that all essential terms be covered in the agreement, the UCC—which governs contracts for the sale of goods—is more liberal.
The UCC encourages contract formation by providing “gap fillers” for many missing terms. For example, if a contract omits a price term—or if the parties agree to set the price in the future but fail to do so—then the UCC supplies a reasonable price at the time of delivery. Therefore, the court should award the manufacturer $3.25 per bottle, which was the reasonable price for the bottles at the time of delivery.
Unconscionability
A court may modify or refuse to enforce a contract on the ground that it is unconscionable—i.e., so unfair to one party that no reasonable person in that party’s position would have agreed to it. Unconscionability can be procedural or substantive, and it is a question of law for the court (not the jury) to decide based on the circumstances. The contract is substantively unconscionable if the terms are unduly unfair.
Entrustment
Under the UCC, which applies to contracts for the sale of goods, the entrustment of goods by the owner to someone who sells goods of that kind (i.e., a merchant) gives the merchant the power to convey good title. Good title can be conveyed to a buyer in the ordinary course of business—i.e., someone who buys goods:
in good faith
without knowledge that the sale violates the owner’s rights to the goods and
from a merchant in the business of selling goods of that kind.
Entrustment includes any delivery and acquiescence to the possession of goods, regardless of conditions expressed between the parties.
Mutual mistake
When both parties are mistaken as to an essential element of a contract (i.e., mutual mistake) at the time the contract is formed, the contract is voidable by the adversely affected party if:
the mistake relates to a basic assumption of the contract
the mistake materially affects the agreed-upon exchange of performances and
the adversely affected party did not assume the risk of mistake.
A party assumes the risk of mistake if, at the time the contract is formed, the party is aware that he/she has limited knowledge of the facts and accepts this knowledge as sufficient.
UCC and Irrevocable Offers
Under the mailbox rule, an acceptance that is mailed within the allotted response time is effective when sent unless the offer provides otherwise. However, this rule does not apply to firm offers, options, or other irrevocable offers. Under the UCC, a merchant’s offer to sell goods is firm (i.e., irrevocable) if it is made in a signed writing that assures that the offer will remain open. Acceptance of a firm or otherwise irrevocable offer is effective only if it is received by the offeror before the offer expires.
CL Material Breach and express conditions
Under common law, which governs contracts for services, a material breach allows the nonbreaching party to withhold its own performance. A breach is material when the nonbreaching party does not receive the substantial benefit of its bargain. As a result, substantial performance—i.e., less-than-full performance that, while imperfect, does not defeat the contract’s main purpose—does not typically constitute a material breach.
However, substantial performance will not suffice for express conditions in a contract. Such conditions must be performed in full. Words in the contract such as “on the condition that” or “provided that” are typical indicators of express conditions
UCC parol evdience rule
Under the UCC parol evidence rule, evidence of a prior or contemporaneous agreement cannot be used to contradict the terms of a final written agreement. But evidence of the parties’ course of performance, course of dealing, or trade usage can be used to explain or supplement those terms—even when the terms appear unambiguous. Trade usage is any practice or method of dealing in the particular business or industry that is observed with such regularity so as to justify an expectation that it will be observed in the instant case.
Termiunation of offer before acceptance
*Counteroffer does not terminate offer if offeree manifests intent to take offer under advisement.
An offer can be accepted at any time before the offer is revoked. The offeror can revoke the offer by manifesting an intent not to enter into the proposed contract. This can occur in two ways:
expressly – when the offeror communicates the revocation directly to the offeree
constructively – when the offeree acquires reliable information that the offeror has taken definite action inconsistent with the offer
PER and Condition Precedent
The parol evidence rule generally prevents a party to a written contract from presenting extrinsic evidence of a prior or contemporaneous agreement that contradicts the terms of the contract as written. However, evidence may be admitted to prove a condition precedent to the existence of the contract. A condition precedent is a condition that must occur to trigger a party’s obligation to perform.
When nonoccurence of condition is excused
A party’s obligation to perform may be conditioned on an uncertain future event that must occur before performance becomes due (i.e., a condition precedent). However, a party whose duty is subject to the condition can waive the condition by words or conduct.
UCCC Missing Terms
For a contract to exist, the terms of the contract must be sufficiently certain and definite for the court to determine if there has been a breach and give an appropriate remedy. The UCC, which governs contracts for the sale of goods (e.g., computers), encourages contract formation by providing gap-fillers for many missing terms, but not for the following:
identity of the contracting parties
subject matter of the contract
quantity of goods to be sold
A contract must therefore specify a quantity that is certain or determinable by reference to objective facts, such as the buyer’s actual requirements or the seller’s actual output in a requirements or output contract. If it does not, the contract fails for indefiniteness.
Contracts not specifying assortment of goods
When a contract for the sale of assorted goods does not specify who will choose the assortment, the UCC imposes a duty on the buyer to make that selection. If the buyer fails to specify the assortment of goods, then the seller can treat that failure as a breach—but only if the buyer’s failure to specify the assortment materially impacts the seller’s performance.
Here, the store did not select an assortment of party kits by the October 15 deadline. However, the company had sufficient merchandise to satisfy the store’s order on October 17, so the store’s two-day delay did not materially impact the company’s ability to perform.
Warranty of Merchantability
Under the UCC, the warranty of merchantability is implied in all contracts for the sale of goods by a merchant—i.e., one who regularly deals in goods of the kind involved in the contract. Goods are merchantable if they are fit for their ordinary purpose and would pass without objection in the trade under the contract description.
Here, the fact that the car’s engine required a costly overhaul indicates that the car was not fit for its ordinary purpose. But since the storeowner was a merchant with respect to beauty products—not vehicles—the warranty of merchantability was not implied in this contract. As a result, the customer is not likely to be successful in her lawsuit against the storeowner.
Termination of Offer before ACceptance
Offeror’s revocation
- Offeror communicates revocation directly to offeree
- Offeree learns information from reliable source that reasonably indicates offer was revoked (eg, house sold to another buyer)
Offeree’s rejection
-Offeree communicates rejection directly to offeror
-Offeree’s counteroffer serves as rejection & new offer*
Lapse
- Time period specified in offer expires
- After reasonable time if no time period specified in offer
By law
- Either party dies or is adjudicated insane
- Subject matter of offer is destroyed or becomes illegal
*Counteroffer does not terminate offer if offeree manifests intent to take offer under advisement.
Once an offer has been made, a binding contract will be formed if the offer is accepted before it terminates. Offers can be terminated by revocation, rejection, lapse, or operation of law (see table above). An offer terminates by operation of law when, for example, the subject matter of the offer is destroyed.
Installment Contracts
Deliveries
- Price for each installment generally due at time & place of each delivery
- Seller’s damages for breach amount to missed payments
- Buyer’s damages for breach amount to fair market value minus contract price for missed deliveries
Payments
-Creditor’s damages for breach amount to missed payments
Special rules apply to installment contracts for the sale of goods (e.g., windows), which are governed by the UCC. Under the UCC, an installment contract is defined as a contract in which the goods are to be delivered in multiple shipments, and each shipment is to be separately accepted by the buyer. Payment by the buyer is due upon each delivery unless the price cannot be apportioned.
UCC - Contract Formation
Contract formation under the common law requires an offer with definite terms and an acceptance with knowledge of that offer. But these requirements are relaxed by the UCC, which governs contracts for the sale of goods (e.g., a ring). Under the UCC, a contract is formed if the parties intended to contract and there is a reasonably certain basis for giving a remedy. The contract may be made in any manner sufficient to show agreement—even if the moment of its making is undetermined.
Promissory Estoppel
A contract must be supported by consideration—i.e., a benefit bargained for and received by the promisor from a promisee. Since a promise to make a gift does not involve a bargained-for exchange, it is generally unenforceable. But under the doctrine of promissory estoppel, a gift promise is enforceable if three requirements are met:
the promisor should reasonably expect the promisee to rely on the promise
the promisee detrimentally relies on the promise and
injustice can be avoided only by enforcement of the promise.
Order of performances
Simultaneous performance possible
- Condition concurrent implied (ie, performance due simultaneously)
One performance requires time
- Condition precedent implied (ie, durational performance due before respective duty triggered)
*These rules apply unless express contractual language or circumstances indicate otherwise.
When a party performs one part of a divisible or installment contract, that party is generally entitled to the agreed equivalent for that part—even if the party fails to perform the other parts of the contract. In other words, that party’s performance of the entire contract is generally not a condition precedent to the other party’s duty to perform. A contract is divisible if:
- the parties’ duties can be broken down into at least two corresponding pairs of performances and
- those pairs of performances can fairly be regarded as agreed (i.e., bargained-for) equivalents.
Courts prefer to interpret contracts as divisible for reasons having to do with fairness. However, courts will not do so if the contract expressly states that it is indivisible or payment is due upon completion of the entire contract.
Compensatory Damages
Primary
(expectation measure)
- Place nonbreaching party in same position as if contract had been performed
- Expectation measure includes:
> Expectation damages
> Incidental damages
> Consequential damages
Fallback
(reliance measure)
- When expectation measure too speculative, place nonbreaching party in same position as if no contract had been formed
- Reliance measure includes:
> Reliance damages
> Liquidated damages
> Restitution
Nonbreaching parties to a contract may choose between several types of damages, including:
- expectation damages – damages that arise naturally and obviously from the breach
- reliance damages – foreseeable expenses that the nonbreaching party incurred in reasonable reliance on the promise that the other party would perform
Although the nonbreaching party can pursue reliance damages in lieu of expectation damages, the nonbreaching party cannot recover both for the same breach.
Expectation damages are calculated by comparing the value of performance without the breach (what was promised) with the value of the performance with the breach (what was received)
Auction Contracts
Auction contracts
Goods in lots
- Each lot of goods is sold in separate sale
Type of auction
- Reserve (default type) – auctioneer may withdraw goods prior to completion of sale
- No-reserve (special announcement required) – goods cannot be withdrawn after auctioneer calls for bids unless no bid is received within reasonable time
When seller bids
- Winning bidder can avoid sale, or pay price of last good-faith bid, if auctioneer:
> knowingly accepts bid by or on behalf of seller or
> procures seller’s bid to drive up price of goods
- Exceptions – seller can bid:
> at forced sale or
> if seller gives notice reserving right to bid
Completion of sale
- When auctioneer announces end of sale (eg, by fall of hammer)
- If bid is made contemporaneously with end-of-sale announcement, auctioneer has discretion to continue bidding
The UCC has special rules for goods sold at auction. If goods are auctioned in lots, each lot represents a separate sale. Whether the goods can be withdrawn once the auctioneer calls for bids depends on the type of auction:
- at a reserve auction—which is presumed unless a no-reserve action is announced—the auctioneer may withdraw goods from auction prior to completion of the sale
- at a no-reserve auction—which must be specifically announced—goods cannot be withdrawn from auction after the auctioneer calls for bids unless no bid is received with a reasonable time
In either type of auction, a bidder may retract a bid until the auctioneer announces the completion of the sale (e.g., at the fall of the auctioneer’s hammer). However, the bidder’s retraction will not revive any earlier bids.
Operation of the Mailbox Rule
Contract formation requires both an offer and an acceptance (i.e., mutual assent). The offeror can dictate the manner and means by which the offer may be accepted. But if the offeror does not do so, then the offeree can accept the offer in any reasonable manner and by any reasonable means—e.g., delivering the acceptance by mail. Under the mailbox rule, an acceptance sent by mail or similar means is generally effective upon dispatch, while a rejection is effective upon receipt.
Offer to satisfy debt with check
Under an accord and satisfaction, a party can fulfill its contractual obligation by rendering different performance than the one initially promised. This can be accomplished through a negotiable instrument (e.g., check) if three conditions are met:
the obligation is unliquidated (i.e., uncertain in amount) or otherwise in dispute
the obligor, in good faith, tenders the negotiable instrument with a conspicuous statement that the instrument is tendered as full satisfaction of the obligation and
the obligee obtains payment of the instrument (e.g., by cashing the check).
Enforceability of new promise to pay debt without consideration
A contract must generally be supported by consideration to be enforceable. However, there are circumstances in which a promise is enforceable without consideration. For example, a new promise to pay a debt after the statute of limitations has run is enforceable without any new consideration. When the new promise is an express promise, most jurisdictions require that the new promise be in writing and signed by the debtor to be enforceable.
Closing date in a real estate contract
A closing date is not an essential term of a real estate contract. Therefore, a seller’s performance is typically due at or within a reasonable time after the closing date—unless the real estate contract contains a “time is of the essence” clause (not seen here). Accordingly, the seller’s failure to perform by the closing date is not a material breach that excuses the buyer’s duty to perform—but it is still a breach. The buyer can therefore recover damages—even if the seller acted in good faith
UCC - disclaimer of implied warranties
The UCC provides certain implied warranties for contracts involving the sale of goods (e.g., a machine), including the warranty of merchantability. This warranty applies when the seller is a merchant—i.e., one who regularly deals in goods of the kind involved (as seen here). It ensures that goods are merchantable, meaning that they are fit for their ordinary purpose and conform to the seller’s representations. However, this warranty is disclaimed (i.e., waived) for defects that an examination would have revealed if the buyer:
examined the goods as fully as desired before entering the contract or
refused to examine the goods before entering the contract.
UCC - Modifying existing Contracts
Article 2 of the UCC governs contracts for the sale of goods (e.g., designer jeans). Unlike the common law, the UCC requires no consideration to modify a contract. All that is required is good faith. Good faith requires honesty in fact and fair dealing between the parties according to reasonable commercial standards. Consequently, if a party extorts or otherwise forces the other party to agree to a modification, then the modification is unenforceable.
Consideration problems that prevent contract formation
Gift
No bargained-for exchange
Token consideration
No inducement to bargain if performance entirely devoid of value
Sham consideration
No legal detriment & no inducement to bargain if recited performance not intended to be completed
Preexisting duty / past consideration
No legal detriment if performance already owed or completed
Illusory promise
No legal detriment if apparent promise imposes no obligation
Settlement of debts
The law permits the settlement of debts (e.g., by allowing a debtor to delay payment), but consideration is required for the settlement to be enforceable (Choice C). Consideration is evidenced by a bargained-for change in the legal position between the promisor and the promisee. This exists when there is a legal detriment to the promisee that supports the promise made by the promisor, which can take the form of an act, a return promise, or forbearance (i.e., refraining from exercising a legal right).
However, under the common-law preexisting-duty rule, a promise to perform a preexisting duty is not consideration. That is because the promisee incurs no legal detriment by performing a duty that he/she is already bound to perform.
UCC auction - owner bid
The UCC, which governs contracts for the sale of goods, provides special rules for auction sales. One such rule limits the seller’s ability to bid at an auction sale. It allows a winning bidder to avoid the sale or pay the price of the last good-faith bid if the auctioneer (1) knowingly accepted a bid by the seller or on the seller’s behalf or (2) procured the seller’s bid to drive up the price of the goods. However, the winning bidder may not do so if:
the seller bid at a forced sale* (e.g., a foreclosure sale initiated by a secured creditor) or
the seller gave notice reserving the right to bid.
Assignment made without consideration
An assignment is the transfer of rights under a contract. An assignment is valid so long as there is a present intent to transfer contractual rights. It need not be accompanied by consideration. But when an assignment is made without consideration (i.e., a gratuitous assignment), it is revocable by the assignor (i.e., the party assigning rights to another) unless:
the obligor (i.e., the party obligated to perform) has already performed—i.e., the assignee obtained the payment or other performance under the contract from the obligor
a document symbolizing the assigned right has been delivered to the assignee
a written assignment signed by the assignor has been delivered to the assignee or
the assignee (i.e., the party receiving assigned rights) has detrimentally relied on the assignment.
UCC auctiion - right to withdraw
here are two types of auction sales, both of which are governed by Article 2 of the UCC:
Reserve auctions* – during which the auctioneer may withdraw the goods any time before announcing the completion of the sale
No-reserve auctions – during which goods cannot be withdrawn after the auctioneer calls for bids unless no bid is received within a reasonable time
However, in either type of auction, a bidder has the right to withdraw a bid until the auctioneer announces the completion of the sale.
