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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 |
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People regularly make promises, but some of them are BLANK. For example, the contract must be for BLANK.
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Unenforceable Lawful Purpose |
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The parties must have BLANK to contract. |
Capacity |
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Some contracts must be in BLANK. |
Writing |
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While verbal agreements often amount to contracts, some contracts must be in writing to be BLANK. |
Enforced |
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BLANK refers to a court awarding money or other relief to a party injured by a breach of contract. |
Reamities |
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A bilateral contract is a contract where both parties BLANK. |
Make a promise |
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In a unilateral conteact, one party makes a promise that the other party can accept only by doing something (BLANK) |
Performance |
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A contract is executory when it has been made, but one or more parties have BLANK. |
Not Yet Fulfilled Their Delegations |
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A valid contract is one that BLANK. |
Satisfied All Of The Law Requirements |
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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 |
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A voidable contract occurs when the law permits BLANK. |
One Party To Terminate The Agreement |
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A void agreement is one of that BLANK. |
Neither Party Can Enforce. |
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In an express contract, the two parties explicitly stated BLANK. |
All Important Terms Of Their Agreement |
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In an implied contract, the words or conducts of the parties indicate that they BLANK. |
Intended An Argument |
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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 |
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Promissory estoppel is a doctrine in which a court may enforce a promise made by the defendant BLANK. |
Even When There Is No Contract |
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The defendant made a promise knowing that BLANK. |
The Plaintiff Would Likely Rely On It |
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The only way to avoid Injustice is to BLANK. |
Enforce The Promise |
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In quasi contract cases, the defendant did not make any promises, but did BLANK. |
Receive A Benefit From The Plaintiff |
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The plaintiff gave some BLANK. |
Benefit To The Defendant |
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The plaintiff reasonably expected to be BLANK. |
Paid For The Benefit |
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The defendant would be BLANK if he did not pay. |
Unjustly Enrizlied |
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The damages awarded in the quasi-contract are called quantum meruit, which means "BLANK". |
As Much As He Deserves |
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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 |
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On the other hand, Article 2 of the UCC (Uniform Commercial Code) governs contracts for the BLANK. |
Sale Of Goods |
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"Goods" does not include BLANK, because neither is movable. |
Land Or A House |
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(Ex/ A contract for the sale of 10,000 pairs of sneakers is governed by BLANK. |
UCC Article 2 |
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A contract for the sale of Brandon's home is governed by the BLANK. |
Common Law Of Contract |
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Article 2 of the UCC applies only if the BLANK was the sale of goods. |
Primary Purpose |
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Unilateral contract results from an offer expressly requires BLANK as the only possible method of acceptance. |
Performance |
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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 |
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The offer expressly requires BLANK. |
Performance For Acceptance |
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Quasi contract is an BLANK remedy. |
Equitable |
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Article 2 of the UCC applies two contracts that are primarily for the BLANK. |
Sale Of Goods |
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Trump contracts to by Brandon's house. Does Article 2 apply? |
NO |
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Trump contracts with Farrell to wash his 2010 Hyundai Elantra? Does Article 2 apply? |
NO |
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Trump contracts to buy Farrell's 2010 Hyundai Elantra for $400. Does Article 2 apply? |
YES |
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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 |
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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 |
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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 |
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A contract is an agreement that is BLANK. |
Legally Enforceable |
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Then, second, determine whether the agreement is BLANK. |
Legally Enforceable |
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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 |
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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 |
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Sale of Real Estate BLANK is applicable law BLANK. |
Common Law Price And Land Description Is Required Or It's Not An Offer |
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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 |
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Sale of goods BLANK is applicable to law - intent of the parties test controls where there is no price term. |
UCC Article 2 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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General rules: an advertisement or Price quotation is BLANK. |
Not An Offer |
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Price quotation can be an offer if sent in response to an BLANK. |
Inquiry |
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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 |
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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 |
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General rule: death incapacity of either party after the offer, but before acceptance BLANK the offer. |
Terminates |
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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 |
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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 |
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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 |
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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 |