Better Bsl

Front 1

federal subject matter jurisdiction (3parts)

Back 1

(controversy over a subject matter) 1. different states 2. atleast $75,000 OR 3. federal question

Front 2

state long armed jurisdiction (4parts)

Back 2

(expand jurisdiction to another state) 1.committed civil wrong in that state 2. property in controversy is in that state 3. entered into a contract in that state 4. businness transaction in controversy was in that state

Front 3

uniform commercial code

Back 3

involves sale of a good

Front 4

prodoment feature of transaction test

Back 4

more of a service than a good, don't use UCC

Front 5

promissory estoppel (3parts)

Back 5

1. party makes promise that can be reasonably relied on 2. is reasonably relied on 3. injustice would result if promise isnt fulfilled

Front 6

quasi contract (3parts)

Back 6

1. benefits bestowed on defendent and knowingly accepted 2. theyre unjustly enriched 3. must pay back a reasonable amount

Front 7

option contract

Back 7

offer must be kept open for a specific period of time (NEED consideration)

Front 8

firm offers (under UCC)

Back 8

written promise not to revoke offer for a specific period of time (DONT need consideration)

Front 9

mailbox rule (2parts)

Back 9

1. acceptance is in effect upon proper dispatch (even if dont get it) 2. rejections effective upon receipt

Front 10

2-207 additional terms (2parts)

Back 10

(additional terms are taken out and turned back to original contract when 1.materially alters 2.reject within reasonable time

Front 11

durress (2parts)

Back 11

1.improper threat 2.no reasonable alternative

Front 12

undue influence (2parts)

Back 12

1.unfair persuasion 2.in a confidential relationship (ex. parent-child)

Front 13

fraud (4parts)

Back 13

1. false represention
2. of a material fact
3. made with knowledge of its falsity and intent to deceive
4. relied on

Front 14

mutual mistake

Back 14

can only get money back if its over a material fact NOT value

Front 15

nonfraudelent misrepresentation

Back 15

fraud without knowledge of its falsity

Front 16

consideration

Back 16

value exchanged therefore promise must be enforced, amount doesnt matter

Front 17

illusory promise

Back 17

just an offer, no consideration made therefore not bound by contract

Front 18

prexisting duty rule (2parts)

Back 18

(if its already their duty cant get more out of it unless)
1. unforseen circumstances can get more $ 2.give extra consideration can get more $ (finish early)

Front 19

undisputed

Back 19

no consideration CAN get money

Front 20

disputed

Back 20

disputed amount/had consideration, CANT get money

Front 21

past consideration

Back 21

gift of favor that is stopped, they dont owe you more, NO consideration

Front 22

regulatory license

Back 22

to protect the public, standards placed on services (ex. doctor, lawyer)

Front 23

common law restraint of trade (2parts)

Back 23

1. time and location 2.unless its a common calling can only prevent their gossip

Front 24

exculpatory clause

Back 24

waiver that relieves a person from liable cause, unless you owe a duty to the public

Front 25

unconscionable contracts (2types)

Back 25

unfair contract 1.procedural: actual terms made unfair/sneaky
2.substantive: actual deal is so unfair you dont have to follow it

Front 26

infancy doctrine (3parts)

Back 26

1.minor can void any contract made while a minor or for reasonable time after
2. cant lie about age
3. can use with emancipation and necessaries

Front 27

mental incapacities (2types)

Back 27

1. ajudicated incompetent: court ordered and all contracts made void
2. sometimes mental: if didnt understand basic nature of transaction and other party knew or shouldve known this

Front 28

intoxication (3parts)

Back 28

1.didnt understand the basic nature of the transaction 2. other party knew or shouldve known this 3. acted right after sober

Front 29

suretyship provision (&exception)

Back 29

person promises to pay if other doesnt unless 1.main purpose doctrine: purpose was to benefit yourself but made it look like it was for the other person

Front 30

original promise

Back 30

person promises to pay for the other person

Front 31

part performance of land (4parts)

Back 31

(can be oral)
1.made down payment 2. took possession of land 3. made improvements 4.expecting contract to eventually be written

Front 32

one year provision (2parts)

Back 32

1. writing: stat date to finish must be less than 1 year 2. oral:indefinate

Front 33

2-201 (3parts)

Back 33

1. need written contract when over $500 2. have 10 days to object in writing or still liable 3. cant sell in normal course of business then doesnt have to be written

Front 34

parol evidence rule (2parts)

Back 34

1. CAN introduce evidence from before or same time document was signed 2. CANT use when ambiguous or missing something

Front 35

rights that arent assignable (4parts)

Back 35

1. personal contract
2. prohibited by law
3. prohibited by contract
4. if materially alters

Front 36

stands in the shoes

Back 36

assignee stands in the shoes of the assignor (share benefits and problems)

Front 37

successive assignment rule (2types)

Back 37

assigning same rights to more than 1 person 1. american rule: 1st assignee wins 2. english rule: 1st to notify without knowledge

Front 38

delegation of duties (3parts)

Back 38

can sue both parties unless 1. materially affects transaction in regard to delegatee 2. personal service 3. if contract prohibits it

Front 39

third party beneficiary (2types)

Back 39

1.intended: contract named a specific group of ppl and can enforce contract 2. general public (all drivers when road construction)

Front 40

condition precedent

Back 40

condition in contract performed before (want red but only have blue, cant be forced to buy blue)

Front 41

"time is of the essence"

Back 41

if it doesnt happen on time, contract is terminated

Front 42

condition subsequent

Back 42

something happened that terminated an already existing contract (some based on satisfaction but when acting in good faith)

Front 43

anticipatory repudiation

Back 43

when notified that they CANT perform then party can look for a new source

Front 44

impossiblity

Back 44

impossible to complete

Front 45

commercially impracticable

Back 45

too much money to be worth the hassle

Front 46

frustration of purpose

Back 46

something happened which prevents contract from being fulfilled

Front 47

compensatory damages

Back 47

compensation for non performance, put where they wouldve been if contract performed right

Front 48

consequential damages

Back 48

if party knew there would be damages when they breached the injured party can seek EXTRA damages

Front 49

punitive damages

Back 49

to punish party, more money in addition to money alreayd awarded

Front 50

liquidated damages (2parts)

Back 50

parties agree before hand to amount of damages 1.reasonable not a penalty 2.cant be pre calculated
(dont have to have actual damages, just breach of contract to collect)

Front 51

2-315 implied warranties fitness for a particular purpose (2parts)

Back 51

1. seller knows purpose of purchase 2. rely on seller's skill to pick item (doesnt count "pick any all the same")

Front 52

mitigation of damages

Back 52

can't collect for damanges that couldve been avoided

Front 53

specific performance

Back 53

to collect you need to prove it was unique (movie credit, antigue car)

Front 54

injunctive relief (2parts)

Back 54

order to do or not to do something 1.cant be personal service 2. can stop them from performing for someone else unless it involved money

Front 55

2-403 transfer of title (2types)

Back 55

1.voidable title: given involuntary then void title (starts void stays void)
2.entrustment rule: voluntary then a good trust title (bad check and resell it)

Front 56

2-509 risk of loss (2type 2part)

Back 56

1. breach: risk of loss is on breaching party
2. no breach: a)distribution contract- risk of loss shifts fm seller to buyer when carrier made items available to buyer b) shipment contract- seller to buyer when goods in carriers posession

Front 57

FOB

Back 57

seller/city/shipment desitination

buyer/city/shipment destination

Front 58

2-313 express warranties (3parts)

Back 58

1.affirmation of fact/promise 2.description of goods 3.sample of goods

Front 59

2-314 implied warranties of merchantability (2parts)

Back 59

merchant says goods are fit for their purpose 1. consumer's reasonable expectation test 2.natural or foriegn object test

Front 60

2-316 modification of warranties (2parts)

Back 60

1.fitness for a particular purpose: conspicuous and written 2.merchantability: must have word when oral and word with conspicious text when written

Front 61

anti-dumping provision

Back 61

sell items less then their value to run out another business

Front 62

gray market goods (2parts)

Back 62

not illegal or legal 1.ok if pose no threat to health and society 2.not ok if it violates laws

Front 63

letters of credit

Back 63

seller goes to own bank when its a confirmed letter of credit

Front 64

standby letter

Back 64

buyer goes to their bank when they get a standby letter