Flemings Contracts Checklist

Front 1

Contracts Checklist

Back 1

1. Formation
2. Third Party
3. Conditions
4. Discharge
6. Breach

Front 2

1. Formation

Back 2

1. UCC
2. Offer (Firm, Options)
3. Termination
4. Revocation
5. Rejection
6. Acceptance
7.Consideration

Front 3

Statute of Frauds

Back 3

MR Dog
1. Marriage = Sufficient memo
2. Real estate = part performance
3. Debt of another = main purposed doctrine
4. One year = Full performance
5. Goods over $500 = Receipt of goods

Front 4

2. Third Party

Back 4

1. Does Public Intercourse Cause V.D.
a. Define
b. Privity
c. Intent to benefit
d. Classification
e. Vesting
f. Defenses (Divide Lawsuits if necessaryt)
2. Assignee/ Designee

Front 5

3. Conditions

Back 5

1. Types (Concurrent, Prescendent, Subsequent)
2. Satisfy/Excuse (SWAP DIVE)
- substantional performance
- waiver
- anticipatory repudiation
- prevention
- divisibility
- impossibiity
- voluntary disablement
-estoppel.

Front 6

4. Discharge

Back 6

I'M For Sandi

1. Impossibilty of Performance
2. Modification.
3. Frustration of Purpose
4. Occurance of condition subsiquent
5. Recision
6. Substituted contract
7. Novation
8. Defenses to Formation
9. impractabilty

Front 7

5. Breach

Back 7

Minor/Major

Front 8

Damages

Back 8

1. General
2. Special (Hadley v Baxendale)
3. Liquidated
4. Reliance
5.Avoidable consequence rule
6. Quasi- Contract

Front 9

Offer

Back 9

Outward manifestation of present contractual intent which is certain and definite in terms communicated to the offeree.

Front 10

Acceptance

Back 10

Unequivocal consent to the terms of the Offer.

Front 11

Consideration

Back 11

1. That which is bargained for
2. Legal detriment

Front 12

Termination

Back 12

The offer terminates either by revocation or time limits. Watch for Detrimental reliance and unilateral contract.

Front 13

Revocation

Back 13

Communication by the offerer revoking the offer prior to acceptance.

Front 14

Rejection

Back 14

Communication by the offeree dissenting to the offer

Front 15

Defenses to Formation

Back 15

Defenses
A. Judicially enforceable
-Statute of Frauds
-Unconscionability -(adhesion contracts)
B. Incapacity
C. No Contract Exists
-Mistake/Ambiguity
- Misrepresentation
- Duress
- Fraud

Front 16

Merchant

Back 16

One who commonly deals with or holds special knowledge regarding the the goods in the transaction.

Front 17

Firm Offer

Back 17

An offer by a merchant, may be held open without consideration if offer is a signed writing assuring that the offer will remain open.

Front 18

UCC OFFER

Back 18

1.code will imply all open terms except quantity
2, Missing terms hierarchy
A. Exrpess written
B. Express oral
C.course of performance
D. Course of dealings
E. Usage of trade
F. Gap filler
3. Parties cannot write out UCC good faith or change UCC definations

Front 19

Firm offer

Back 19

1. Made by merchant
2. Sales of goods
3. Signed written stating offer will remain open.
4. Reasonble period of time, not to exceed 3 months.

Front 20

UCC acceptance

Back 20

1. In any manner by any medium.
2. Performance is acceptance
3. NON confirming goods acceptance and breach.

Front 21

Battle of the forms

Back 21

Additional terms become part of the contract
1. Dealings are merchants
2. Not a material alteration
3.Offeror doesn't notify offeree within a commercially reasonable period of time.
4. Conduct can cancel out terms if offeree's acceptance is conditional on offeror's consent to additional terms.

Front 22

Good faith purchaser

Back 22

Any entrusting of possession of goods to a merchant allows him to trasnfer goods to a good faith purchaser.

Front 23

UCC OFFER

Back 23

1.code will imply all open terms except quantity
2, Missing terms hierarchy
A. Exrpess written
B. Express oral
C.course of performance
D. Course of dealings
E. Usage of trade
F. Gap filler
3. Parties cannot write out UCC good faith or change UCC definations

Front 24

Firm offer

Back 24

1. Made by merchant
2. Sales of goods
3. Signed written stating offer will remain open.
4. Reasonble period of time, not to exceed 3 months.

Front 25

UCC acceptance

Back 25

1. In any manner by any medium.
2. Performance is acceptance
3. NON confirming goods acceptance and breach.

Front 26

Battle of the forms

Back 26

Additional terms become part of the contract
1. Dealings are merchants
2. Not a material alteration
3.Offeror doesn't notify offeree within a commercially reasonable period of time.
4. Conduct can cancel out terms if offeree's acceptance is conditional on offeror's consent to additional terms.

Front 27

Good faith purchaser

Back 27

Any entrusting of possession of goods to a merchant allows him to trasnfer goods to a good faith purchaser.

Front 28

UCC modification

Back 28

Consideration not required.

Front 29

UCC requirement/ output

Back 29

Output contracts
Good faith on seller to have output
Requirement contract
Good faith on buyer to ace requirements.
Good faith = consideration

Front 30

UCC statutes of frauds

Back 30

Confirmation may have additional terms that are binding if party does not object within 10 days.

Unless material alteration

Front 31

UCC statuate of fraud defenses

Back 31

Partial performance
Partial payment
Specifically manufactured goods
Estoppel- dertimental reliance
Pleading and testimonial admission

Front 32

UCC parole evidence

Back 32

In unless contract says complete writings.