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25 Cards in this Set

  • Front
  • Back
Under C/L if k says all modifications must be in writing and there is a oral modification is it valid?
YES disregard under C/L but not under UCC
Even if modification is enforceable what could prevent it from being enforceable
over $500 if goods
When k for construvtion of building and building destropyued through no fault of either party what happens to builder's obligation
Not discharged and will not get paid unless rebuilds
WHen does AR not work
When one side has fully performed then can be no AR
When a k gives the offerror to set a price and does not do some reasonably what result
Reasonable price offered by offeree is used
Generally what does PE bar
agreements made before or contemporaenously of k
When can collateral agreements not be barred by PE
If agreement is partially intergated
Difference between common law and UCC regarding option contract
C/L=need consideration to keep open

UCC=If merchant makes offer and is for goods then no consideration to keep open
Requirements for merchant's firm offer option contract
1. in writing
2. goods
3. made by merchant to anyone
4. signed by merchant
5.can never exceed 3 months but can be before
Difference between acceptance at CL and UCC
At common law if not mirror then rejection

At UCC proposal of additional terms is not rejection and is contract
What effect if proposed additional terms and both parties not maerchants
THERE IS K but proposed terms never become part of k
Effect if proposed additional terms and both parties are merchants?
Contract and additioanl terms become part of k unless:
1) matrially alters k
2) offeror rejects within reasonable time
Difference between UCC and CL for modifications of K's
UCC=need no consideration just good faith

CL=needs new consideration
Difference for breach at c/l and UCC
CL=minor breach not breach
UCC=need perfect tender of breach unless can be cured
Explain UCC exception to SF rule between merchants
If after oral discussion one merchant sends memo to other this will be binding unless objecte dto within 10 days after receipt
what is only term to be sufficinet under SF for UCC
If firm offer and offeree rejects then is it still open?
YES unless offeree had relied on rejection and sold to someone else then closed
When there is partial acceptance of a oral k and offeree only accepts then is S of F applicable to non accepted goods?
When can 3rd party enforce rights
when vested
When delegatgor delegates duty of k is he still liable?
Yes secondarily unless novation
When assignor assings he rights can he still get paid?
NO just assignee
Exception under UCC where oral contract for goods over $500 and can still be enforceable?
If specially manufactured goods and substantial beginning then satisifes SF
When k is silent about order of performance?
Work first then payment
Under majority rule what can willful breacher recover for his services he gave to P?
Difference between obligation and condition
If obligation then k must still be performed