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9 Cards in this Set

  • Front
  • Back
defining a unilateral contracts
"Upon you doing X, I will do Y in the future
The contract comes into being when X is completed
On one side there is an act, on another there is a promise
You can withdraw the offer while the act you want is in progress of being completed

A unilateral contract’s acceptance of the offerer’s terms is also the performance. They happen at the same time"
Classical unilateral contracts
An offer may be withdrawn before acceptance of a unilateral contract without formal notice to the person whom the offer is made
π tried to make a payment on mortgage, to initiate a unilateral contract and recieve a discount, but ∆ withdrew right as payment was attempted to be made. The court found that there was in fact no contract because the act that the contract was contingent upon to be entered as such had not actually occurred (classical analysis applied)
Section 32 R2-K
in cases of doubt, courts should conclude that the offeror intended to allow the offeree to accept either by making a return promise or rendering the performance. This does not apply when it is lucidly clear that the offeror sought an act and only an act in exchange for teh promise, thus starting the contract
Unilateral contract elements
It lacks consideration for want of mutality, but when the promisee perfoms the act, consideration is supplied and the contract is enforcable. An offer to make a unilateral contract is accepted when the requested performance is rendered
§ 45 R-K (Unilateral Contract)
when an offeree tenders or begins the requested performance under a unilateral contract, the offeror becomes bound and cannot revoke so long as the offeree completes the performance in accordance with the terms of the offer
Substantial performance
when an offeree has made substantial performance in some jurisdictions, the offeror may not revoke an offer. Additionally, a person may not be able to CHANGE THE TERMS OF THE AGREEMENT
Unclear offer of unilateral contract
can be made into a bilateral contract that is binding if it is not explicitly clear. An acceptance through mail or other thing where performance cannot be given immediately can create a bilateral, rather than unilateral, contract and the power to revoke would be taken away from the offeror
Basic relief concepts
"The conventional approach to contract enforcement is to award relief that is the net value the plaintiff expected to realize from performance (the “Expectation interest” of the π)
Other interests may be the restitution interests or the reliance interests of the party.
If there is a term that was not money, the court may be forced to try and attach a monetary value to the services not rendered due to the impracticality or impossibility of relief for missed opportunities"
Goods as defined by UCC
tangible moveable property such as a car or computer