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37 Cards in this Set

  • Front
  • Back
Mutual Assent
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Restatement (Second) of Contracts, Section 3
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Restatement (Second) of Contracts, Section 18
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Objective Theory of Contract
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Lucy v. Zehmer
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Offer - Manifesting Assent
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Owen v. Tunison
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Offer - Form Documents
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Agricultural Ins. Co. v. Constantine
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Sierra Diesel Injection Service, Inc. v. Burroughs Corp., Inc.
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Offer - Social Contracts
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Restatement (Second) of Contracts, Section 21
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Mitzel v. Hauk
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Offer - Negotiations
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Restatement (Second) of Contracts, Section 26
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Offer - Negotiations - Opinion or Advice
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Anderson v. Backlund
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Offer - Negotiations - Advertising
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Lefkowitz v. Great Mpls Store, Inc.
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Offer - Negotiations - Written Contract Requirement
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Restatement (Second) of Contracts, Section 27
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Texaco, Inc. v. Pennzoil, Co.
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Acceptance - Manifesting Assent
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Owen v. Tunison
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Offer - Form Documents
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Agricultural Ins. Co. v. Constantine
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Sierra Diesel Injection Service, Inc. v. Burroughs Corp., Inc.
x
Offer - Social Contracts
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Restatement (Second) of Contracts, Section 21
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Mitzel v. Hauck
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Offer - Negotiations
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defintion --> agreement versus contract
"agreement" as a broader term meaning any meeting of the minds about obligations between two or more parties.
"contract"= the meeting of the minds must include four essential elements: 1) competent parties (parties authorized and legally able to make an agreement); 2) subject matter (to what are you agreeing?); 3) legal consideration (the cause, motive, price or impelling influence inducing a party to contract); and 4) mutuality of obligation (each party is bound to perform specified obligations).
faxed signature clause
"This agreement shall be effective when signed below or in counterpart, and photocopy, facsimile, electronic or other copies shall have the same effect for all purposes as an ink-signed original."
faxed signatures on agreements under UCC
original, signed document is perhaps the best evidence that a contract or agreement has been made, it is not essential. UCC) defines a signature as including "any symbol executed or adopted by a party with…[intent] to authenticate a writing." A signature on a faxed copy of an agreement or contract should, therefore, qualify as a sufficient "symbol" indicating agreement to the terms of a contract.
UCC) defines a signature as including "any symbol executed or adopted by a party with…[intent] to authenticate a writing." A signature on a faxed copy of an agreement or contract should, therefore, qualify as a sufficient "symbol" indicating agreement to the terms of a contract.
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UCC 2-101
Short Title - article known and cited as Uniform Commercial Code--Sales
2-102
Scope; Certain Security and Other Transactions Excluded From This Article.

Unless the context otherwise requires, this Article applies to transactions in goods ; it does not apply to any transaction which although in the form of an unconditional contract to sell or present sale is intended to operate only as a security transaction nor does this Article impair or repeal any statute regulating sales to consumers, farmers or other specified classes of buyers .