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37 Cards in this Set
- Front
- Back
Mutual Assent
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x
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Restatement (Second) of Contracts, Section 3
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x
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Restatement (Second) of Contracts, Section 18
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x
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Objective Theory of Contract
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x
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Lucy v. Zehmer
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x
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Offer - Manifesting Assent
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x
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Owen v. Tunison
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x
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Offer - Form Documents
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x
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Agricultural Ins. Co. v. Constantine
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x
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Sierra Diesel Injection Service, Inc. v. Burroughs Corp., Inc.
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x
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Offer - Social Contracts
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x
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Restatement (Second) of Contracts, Section 21
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x
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Mitzel v. Hauk
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x
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Offer - Negotiations
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x
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Restatement (Second) of Contracts, Section 26
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x
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Offer - Negotiations - Opinion or Advice
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x
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Anderson v. Backlund
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x
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Offer - Negotiations - Advertising
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x
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Lefkowitz v. Great Mpls Store, Inc.
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x
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Offer - Negotiations - Written Contract Requirement
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x
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Restatement (Second) of Contracts, Section 27
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x
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Texaco, Inc. v. Pennzoil, Co.
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x
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Acceptance - Manifesting Assent
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x
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Owen v. Tunison
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x
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Offer - Form Documents
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x
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Agricultural Ins. Co. v. Constantine
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x
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Sierra Diesel Injection Service, Inc. v. Burroughs Corp., Inc.
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x
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Offer - Social Contracts
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x
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Restatement (Second) of Contracts, Section 21
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x
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Mitzel v. Hauck
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x
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Offer - Negotiations
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x
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defintion --> agreement versus contract
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"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). |
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faxed signature clause
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"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."
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faxed signatures on agreements under UCC
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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.
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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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x
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UCC 2-101
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Short Title - article known and cited as Uniform Commercial Code--Sales
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2-102
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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 . |