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63 Cards in this Set

  • Front
  • Back

A contract is an agreement that is BLANK. One of the aims of a contract law is to determine which agreements are BLANK.

Legally Enforceable


Worth Enforcing


People regularly make promises, but some of them are BLANK. For example, the contract must be for BLANK.


Unenforceable


Lawful Purpose

The parties must have BLANK to contract.

Capacity

Some contracts must be in BLANK.

Writing

While verbal agreements often amount to contracts, some contracts must be in writing to be BLANK.

Enforced

BLANK refers to a court awarding money or other relief to a party injured by a breach of contract.

Reamities

A bilateral contract is a contract where both parties BLANK.

Make a promise

In a unilateral conteact, one party makes a promise that the other party can accept only by doing something (BLANK)

Performance

A contract is executory when it has been made, but one or more parties have BLANK.

Not Yet Fulfilled Their Delegations

A valid contract is one that BLANK.

Satisfied All Of The Law Requirements

An unenforceable agreement occurs when the parties intend to form a valid bargain but a court declares that BLANK.

Some Rule Of Law Prevents Enforcing It

A voidable contract occurs when the law permits BLANK.

One Party To Terminate The Agreement

A void agreement is one of that BLANK.

Neither Party Can Enforce.

In an express contract, the two parties explicitly stated BLANK.

All Important Terms Of Their Agreement

In an implied contract, the words or conducts of the parties indicate that they BLANK.

Intended An Argument

Many employees have "at will" agreement. This means that the employees are BLANK and the company has the right to BLANK for virtually an reason.

Free To Quit At Any Time


Fire Them At Any Time

Promissory estoppel is a doctrine in which a court may enforce a promise made by the defendant BLANK.

Even When There Is No Contract

The defendant made a promise knowing that BLANK.

The Plaintiff Would Likely Rely On It

The only way to avoid Injustice is to BLANK.

Enforce The Promise

In quasi contract cases, the defendant did not make any promises, but did BLANK.

Receive A Benefit From The Plaintiff

The plaintiff gave some BLANK.

Benefit To The Defendant

The plaintiff reasonably expected to be BLANK.

Paid For The Benefit

The defendant would be BLANK if he did not pay.

Unjustly Enrizlied

The damages awarded in the quasi-contract are called quantum meruit, which means "BLANK".

As Much As He Deserves

Most contract law rules pertaining to real estate transactions, services contracts Etc. Were crafted over Centuries by courts deciding one contract lawsuit at a time. This is referred to as the BLANK.

Common Law Of Contracts

On the other hand, Article 2 of the UCC (Uniform Commercial Code) governs contracts for the BLANK.

Sale Of Goods

"Goods" does not include BLANK, because neither is movable.

Land Or A House

(Ex/ A contract for the sale of 10,000 pairs of sneakers is governed by BLANK.

UCC Article 2

A contract for the sale of Brandon's home is governed by the BLANK.

Common Law Of Contract

Article 2 of the UCC applies only if the BLANK was the sale of goods.

Primary Purpose

Unilateral contract results from an offer expressly requires BLANK as the only possible method of acceptance.

Performance

Bilateral contract results from all other offers. Usually the offer is silent as to the method of acceptance so it's a BLANK.

Bilateral Contract

The offer expressly requires BLANK.

Performance For Acceptance

Quasi contract is an BLANK remedy.

Equitable

Article 2 of the UCC applies two contracts that are primarily for the BLANK.

Sale Of Goods

Trump contracts to by Brandon's house. Does Article 2 apply?

NO

Trump contracts with Farrell to wash his 2010 Hyundai Elantra? Does Article 2 apply?

NO

Trump contracts to buy Farrell's 2010 Hyundai Elantra for $400. Does Article 2 apply?

YES

Eric Reid agrees to buy ferrules car for $400. Under their agreement, Farrell is also obligated to provide Eric with two lessons in parallel parking a 2010 Hyundai Elantra. Does Article 2 apply if there is a disagreement about the parking lessons?

YES

Exception if the contract expressly divides payment, then apply UCC to the BLANK part and the BLANK to the rest.

Sale Of Goods


Common Law

Same fact as #4 above, except that the contract provides the Eric will pay $50 for the car and $350 for the lessons. Does Article 2 apply if there is a dispute about the car?

YES

A contract is an agreement that is BLANK.

Legally Enforceable

Then, second, determine whether the agreement is BLANK.

Legally Enforceable

An BLANK is one person's (the offeror's) manifestation of willingness to contract. Look for words or conduct showing BLANK or BLANK.

Offer


Manifestation


Commitment

If I offer to sell Eric my 2010 Hyundai Elantra for $400, that results in a BLANK for me, the offeror, and an BLANK for Eric, the offeree.

Legal Obligation


Opportunity


Sale of Real Estate BLANK is applicable law BLANK.

Common Law


Price And Land Description Is Required Or It's Not An Offer

Can a communication from Brandon to Carmen relating to Brandon's sale of his house to Carmen be an offer even though nothing is said about price?

NO

Sale of goods BLANK is applicable to law - intent of the parties test controls where there is no price term.

UCC Article 2

Can a communication for feral to Matt Clupper relating to Farrell's sale of his car being an offer even though nothing is set as to price?

YES

Can a communication from feral to Matt Clupper relating to Farrell's sale of his car being offer if it provides for the sale for a fair price?

NO

a contract for the sale of goods can State the quantity of goods to be delivered under the contract in terms of the buyers BLANK or the sellers BLANK.

Requirements


Output

Farrell offers to buy pens from Wally for 5 years. There is not a specific quantity term in the offer, instead, it provides that Farrell show purchase all of his pins from Wally. Is this an offer?

YES

Increase in requirements. Buyer can increase requirements so long as the increase is in line with BLANK. There is a no unreasonably disappropriate limitation on increases.

Prior demands

Same fact as #9. Farrell buys 1000 pens in each of the first three years of the agreement. Ferelden orders 1020 pins for the 4th year. What result?

YES

General rules: an advertisement or Price quotation is BLANK.

Not An Offer

Price quotation can be an offer if sent in response to an BLANK.

Inquiry

Offers generally create the power of BLANK in the person to whom the offer was made (the "offeree"), creating a contract. However, an offer cannot be accepted if it has been BLANK.

Acceptance


Terminated

I write in your hand out that I offer to sell you my 2010 Hyundai Elantra for $400. The writing fails to indicate how long the offer will be kept open. Can you accept my offer 5 years from now?

NO

General rule: death incapacity of either party after the offer, but before acceptance BLANK the offer.

Terminates

On January 15th, I offered to sell Kim Kardashian my 2010 Hyundai Elantra for $400. The next day, while standing in the shower, I exclaim "I have changed my mind. I no longer want to sell my car to KK." Is the offer to KK revoked?

NO

on January 15th, I offered to sell Kim Kardashian my 2010 Hyundai Elantra for $400. The next day, I sell my car to Trump. Is the offer to KK revoked?

NO

On January 15th, I offered to sell Kim Kardashian my 2010 Hyundai Elantra for $400. The next day, I sell my car to Trump. KK sees Trump driving my car on January 16th and learns from him that he has bought the car. Is the offer to KK revoked?

YES

On January 15th, I offered to sell KK my car for $400. The next day I make the same offer to Trump. KK learns that I have made the offer to Trump. Is the offer to Ms. Kardashian revoked?

NO