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Study sets matching "contracts 1l"

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Study sets matching "contracts 1l"

171 terms
1L Contracts
Common Law
Uniform Commercial Code
Goods
Contract for Both Goods and Services
governs contracts not governed by the UCC
governs contracts for the sale of goods
tangible chattels which are moveable and identifiable to the…
Usually the court will apply the "predominant... factor test" t…
Common Law
governs contracts not governed by the UCC
Uniform Commercial Code
governs contracts for the sale of goods
97 terms
1L Contracts
contract
offer
option contract
ways to terminate an offer
a promise or set of promises the breach of which the law prov…
present manifestation of a willingness to enter into a bargai…
a promise which meets the requirement for the formation of a…
rejection/counter-offer, lapse of time, revocation by the off…
contract
a promise or set of promises the breach of which the law prov…
offer
present manifestation of a willingness to enter into a bargai…
45 terms
1L Contracts
Hawkins v. McGee... -hairy hand
US Naval v. Charter Communication... -pap…
Sullivan v. O'Connor... -nose job
White v. Benkowski... -water harassment
Expectation Damages:... Surgeon promises a 100% good hand but in…
Expectation Damages: Publishing Company began selling paperba…
Expectancy or Reliance Damages:... Surgeon was supposed to enhan…
Agreement between neighbors to supply water from one well. Al…
Hawkins v. McGee... -hairy hand
Expectation Damages:... Surgeon promises a 100% good hand but in…
US Naval v. Charter Communication... -pap…
Expectation Damages: Publishing Company began selling paperba…
97 terms
1L Contracts
contract
offer
option contract
ways to terminate an offer
a promise or set of promises the breach of which the law prov…
present manifestation of a willingness to enter into a bargai…
a promise which meets the requirement for the formation of a…
rejection/counter-offer, lapse of time, revocation by the off…
contract
a promise or set of promises the breach of which the law prov…
offer
present manifestation of a willingness to enter into a bargai…
171 terms
1L Contracts
Common Law
Uniform Commercial Code
Goods
Contract for Both Goods and Services
governs contracts not governed by the UCC
governs contracts for the sale of goods
tangible chattels which are moveable and identifiable to the…
Usually the court will apply the "predominant factor test" to…
Common Law
governs contracts not governed by the UCC
Uniform Commercial Code
governs contracts for the sale of goods
202 terms
Contracts- 1L
To determine the rights of the parties
A valid enforceable contract consists of
*As this contract deals with the sale…
OFFER (ITC)
we must first determine whether a valid, enforceable contract…
an offer, that is open for acceptance (not revoked or termina…
provisions of the UCC apply.
An offer is a promise to do or not to do something. It consis…
To determine the rights of the parties
we must first determine whether a valid, enforceable contract…
A valid enforceable contract consists of
an offer, that is open for acceptance (not revoked or termina…
65 terms
Contracts 1L
UCC 2-206 Offer and Acceptance in Form…
UCC 2-207 Additional Terms in Acceptan…
UCC 2-205 Merchant's Firm Offer
UCC 2-204 Indefiniteness
(1)Unless otherwise unambiguously indicated by the language o…
(1) Battle of the Forms - a definite and timely acceptance wh…
(1) Offer by merchant signed in writing states it will be kep…
(3) Even though one or more terms are left open a contact for…
UCC 2-206 Offer and Acceptance in Form…
(1)Unless otherwise unambiguously indicated by the language o…
UCC 2-207 Additional Terms in Acceptan…
(1) Battle of the Forms - a definite and timely acceptance wh…
108 terms
Contracts- 1L
To determine the rights of the parties
A valid enforceable contract consists of
OFFER
Intent to be bound is
we must first determine whether a valid, enforceable contract…
an offer, that is open for acceptance (not revoked or termina…
An offer is a promise to do or not to do something. It consis…
judged by stepping in the shoes of the parties. Looking at th…
To determine the rights of the parties
we must first determine whether a valid, enforceable contract…
A valid enforceable contract consists of
an offer, that is open for acceptance (not revoked or termina…
97 terms
1L Contracts
contract
offer
option contract
ways to terminate an offer
a promise or set of promises the breach of which the law prov…
present manifestation of a willingness to enter into a bargai…
a promise which meets the requirement for the formation of a…
rejection/counter-offer, lapse of time, revocation by the off…
contract
a promise or set of promises the breach of which the law prov…
offer
present manifestation of a willingness to enter into a bargai…
97 terms
1L Contracts
contract
offer
option contract
ways to terminate an offer
a promise or set of promises the breach of which the law prov…
present manifestation of a willingness to enter into a bargai…
a promise which meets the requirement for the formation of a…
rejection/counter-offer, lapse of time, revocation by the off…
contract
a promise or set of promises the breach of which the law prov…
offer
present manifestation of a willingness to enter into a bargai…
55 terms
Contracts 1L
Assent
Examples of assent
Lucy v Zehmer
Sullivan v O'Connor
willingness of the parties to be bound by the contract
Lucy v Zehmer
P wanted to buy farm D thought it was a joke, outward express…
P wanted a nose job, had 3 surgeries. Reliance damages compen…
Assent
willingness of the parties to be bound by the contract
Examples of assent
Lucy v Zehmer
11 terms
Contracts 1L
Contract- section 1
Requirement of a bargain- section 17
Requirement of exchange; types of exch…
Promise reasonably inducing action or…
A contract is a promise or a set of promises for the breach o…
1) the formation of a contract requires a bargain in which th…
1) to constitute consideration, a performance or a return pro…
1) a promise which the promisor should reasonably expect to i…
Contract- section 1
A contract is a promise or a set of promises for the breach o…
Requirement of a bargain- section 17
1) the formation of a contract requires a bargain in which th…
108 terms
Contracts - 1L
Intent to Contract
Applicable Law - UCC
Applicable Law - Common Law
Bilateral Contract
A party's intent to contract is deemed to be what a reasonabl…
applies for sales of goods - The 2nd Article of UCC governs c…
The Common Law of contracts consist of all other contracts, g…
A promise made in exchange for a promise given. A contract ar…
Intent to Contract
A party's intent to contract is deemed to be what a reasonabl…
Applicable Law - UCC
applies for sales of goods - The 2nd Article of UCC governs c…
151 terms
Contracts 1L
Elements of a Contract
Mutual Assent
Offer
Acceptance
Agreement (offer made and accepted)... Competent parties (legal…
An offer and acceptance which together form the terms of a co…
A proposal by one party to another intended to create a legal…
(contract law) words signifying consent to the terms of an of…
Elements of a Contract
Agreement (offer made and accepted)... Competent parties (legal…
Mutual Assent
An offer and acceptance which together form the terms of a co…
109 terms
Contracts 1L
Assent
Lucy v. Zehmer
Hawkins v. McGee
Precontractual liability
Willingness of a party to be bound
if a person's words and acts, judged by a reasonable standard…
if a reasonable person can take a guarantee at face value the…
a. Happens when there is no offer yet but is enough of an off…
Assent
Willingness of a party to be bound
Lucy v. Zehmer
if a person's words and acts, judged by a reasonable standard…
15 terms
1L Contracts
Contract
Promise
Promisor
Promisee
Promise or set of promises for which the breach of which the…
A promise is a manifestation of intention to act or refrain f…
The person manifesting the intention is the promisor
The person to whom the manifestation is addressed is the prom…
Contract
Promise or set of promises for which the breach of which the…
Promise
A promise is a manifestation of intention to act or refrain f…
92 terms
NWCU 1L - Contracts
Elements of Contact
Mutual Assent
Offer
Acceptance
* Offer... * Acceptance... * Consideration
Requirement of an initial agreement between the parties to en…
An offer is a manifestation of present contractual intent and…
An unequivocal assent to the terms of an offer... * Unequivocal…
Elements of Contact
* Offer... * Acceptance... * Consideration
Mutual Assent
Requirement of an initial agreement between the parties to en…
141 terms
1L_Contract
Offer
Offer: Present Contractual Intent & Ad…
Offer: Definiteness of Terms
Termination of Offer
An outward manifestation of present contractual intent, which…
Preliminary negotiations (inquiry) v. present contractual int…
Common Law: QTIPS (Quantity, Time, Identity of parties, Price…
Option contract: Requires consideration, or promise to pay co…
Offer
An outward manifestation of present contractual intent, which…
Offer: Present Contractual Intent & Ad…
Preliminary negotiations (inquiry) v. present contractual int…
88 terms
Concord Law School Contracts - 1L
Contracts
Intent to Contract
Applicable Law - UCC
Applicable Law - Common Law
Rule Statements
A party's intent to contract is deemed to be what a reasonabl…
applies for sales of goods - The 2nd Article of UCC governs c…
The Common Law of contracts consist of all other contracts, g…
Contracts
Rule Statements
Intent to Contract
A party's intent to contract is deemed to be what a reasonabl…
88 terms
Concord Law School Contracts - 1L
Contracts
Intent to Contract
Applicable Law - UCC
Applicable Law - Common Law
Rule Statements
A party's intent to contract is deemed to be what a reasonabl…
applies for sales of goods - The 2nd Article of UCC governs c…
The Common Law of contracts consist of all other contracts, g…
Contracts
Rule Statements
Intent to Contract
A party's intent to contract is deemed to be what a reasonabl…
95 terms
NWCU 1L - Contracts
Elements of Contact
Mutual Assent
Offer
Acceptance
* Offer... * Acceptance... * Consideration
Requirement of an initial agreement between the parties to en…
An offer is a manifestation of present contractual intent and…
An unequivocal assent to the terms of an offer... * Unequivocal…
Elements of Contact
* Offer... * Acceptance... * Consideration
Mutual Assent
Requirement of an initial agreement between the parties to en…
147 terms
1L Contracts For Final
Common Law
Uniform Commercial Code
Goods
Merchant
governs contracts not governed by the UCC
governs contracts for the sale of goods
tangible chattels which are moveable and identifiable to the…
one who deals regularly in the kind of goods... involved in the…
Common Law
governs contracts not governed by the UCC
Uniform Commercial Code
governs contracts for the sale of goods
95 terms
NWCU 1L - Contracts
Elements of Contact
Mutual Assent
Offer
Acceptance
* Offer... * Acceptance... * Consideration
Requirement of an initial agreement between the parties to en…
An offer is a manifestation of present contractual intent and…
An unequivocal assent to the terms of an offer... * Unequivocal…
Elements of Contact
* Offer... * Acceptance... * Consideration
Mutual Assent
Requirement of an initial agreement between the parties to en…
55 terms
Contracts (1) 1L
Contract
Duty
Offer
Offer - Elements
a promise, or set of promises, for breach of which the law gi…
a legal relation that exists whenever certain action or forbe…
a promise to do or refrain from doing some specified thing in…
1) there must be a commitment... 2) containing definite terms... 3)…
Contract
a promise, or set of promises, for breach of which the law gi…
Duty
a legal relation that exists whenever certain action or forbe…
93 terms
Contracts Law - 1L
Elements of a contract
Mutual Assent
Offer
Acceptance
A contract is an agreement between two or more parties which…
...Mutual assent relates to the requirement that the parties…
...
...
Elements of a contract
A contract is an agreement between two or more parties which…
Mutual Assent
...Mutual assent relates to the requirement that the parties…
Concord Law School Contracts - 1L
Contracts
Intent to Contract
Applicable Law - UCC
Applicable Law - Common Law
Rule Statements
A party's intent to contract is deemed to be what a reasonabl…
applies for sales of goods - The 2nd Article of UCC governs c…
The Common Law of contracts consist of all other contracts, g…
Contracts
Rule Statements
Intent to Contract
A party's intent to contract is deemed to be what a reasonabl…
88 terms
Concord Law School Contracts - 1L
Contracts
Intent to Contract
Applicable Law - UCC
Applicable Law - Common Law
Rule Statements
A party's intent to contract is deemed to be what a reasonabl…
applies for sales of goods - The 2nd Article of UCC governs c…
The Common Law of contracts consist of all other contracts, g…
Contracts
Rule Statements
Intent to Contract
A party's intent to contract is deemed to be what a reasonabl…
88 terms
Concord Law School Contracts - 1L
Contracts
Intent to Contract
Applicable Law - UCC
Applicable Law - Common Law
Rule Statements
A party's intent to contract is deemed to be what a reasonabl…
applies for sales of goods - The 2nd Article of UCC governs c…
The Common Law of contracts consist of all other contracts, g…
Contracts
Rule Statements
Intent to Contract
A party's intent to contract is deemed to be what a reasonabl…
42 terms
Contracts 1L Review
Elements of Contract Review
Defenses to Enforcement of a Contract
What does a contract signify for the p…
Define Unjust Enrichment:
1. Formation... 2. Interpretation and Implication... 3. Defenses to…
1. Misconduct by one party in the making of the agreement tha…
An intent by the parties to be legally bound.
Principle that one who has received a benefit has a duty to m…
Elements of Contract Review
1. Formation... 2. Interpretation and Implication... 3. Defenses to…
Defenses to Enforcement of a Contract
1. Misconduct by one party in the making of the agreement tha…
42 terms
Contracts 1L Review
Elements of Contract Review
Defenses to Enforcement of a Contract
What does a contract signify for the p…
Define Unjust Enrichment:
1. Formation... 2. Interpretation and Implication... 3. Defenses to…
1. Misconduct by one party in the making of the agreement tha…
An intent by the parties to be legally bound.
Principle that one who has received a benefit has a duty to m…
Elements of Contract Review
1. Formation... 2. Interpretation and Implication... 3. Defenses to…
Defenses to Enforcement of a Contract
1. Misconduct by one party in the making of the agreement tha…
Concord Law School Contracts - 1L
Contracts
Intent to Contract
Applicable Law - UCC
Applicable Law - Common Law
Rule Statements
A party's intent to contract is deemed to be what a reasonabl…
applies for sales of goods - The 2nd Article of UCC governs c…
The Common Law of contracts consist of all other contracts, g…
Contracts
Rule Statements
Intent to Contract
A party's intent to contract is deemed to be what a reasonabl…
95 terms
NWCU 1L - Contracts
Elements of Contact
Mutual Assent
Offer
Acceptance
* Offer... * Acceptance... * Consideration
Requirement of an initial agreement between the parties to en…
An offer is a manifestation of present contractual intent and…
An unequivocal assent to the terms of an offer... * Unequivocal…
Elements of Contact
* Offer... * Acceptance... * Consideration
Mutual Assent
Requirement of an initial agreement between the parties to en…
92 terms
NWCU 1L - Contracts
Elements of Contact
Mutual Assent
Offer
Acceptance
* Offer... * Acceptance... * Consideration
Requirement of an initial agreement between the parties to en…
An offer is a manifestation of present contractual intent and…
An unequivocal assent to the terms of an offer... * Unequivocal…
Elements of Contact
* Offer... * Acceptance... * Consideration
Mutual Assent
Requirement of an initial agreement between the parties to en…
Contracts Fall 1L
Consideration
Consideration
Bargain for Exchange
If there is a bargained for exchange,
If a promisor receives a benefit, detriment, or forbearance i…
If there is a reciprocal exchange of pecuniary value, then th…
If a performance or return promise sought by the promisor in…
then there is consideration.
Consideration
If a promisor receives a benefit, detriment, or forbearance i…
Consideration
If there is a reciprocal exchange of pecuniary value, then th…
125 terms
Contracts- 1L For Mid Term
To determine the rights of the parties
A valid enforceable contract consists of
*As this contract deals with the sale…
Acceptance
we must first determine whether a valid, enforceable contract…
an offer, that is open for acceptance (not revoked or termina…
provisions of the UCC apply.
Objectively expressed intent to be bound by essential terms o…
To determine the rights of the parties
we must first determine whether a valid, enforceable contract…
A valid enforceable contract consists of
an offer, that is open for acceptance (not revoked or termina…
41 terms
1L Contracts Fall
Offer + Acceptance =
Intent
Consideration
Offer
Mutual Assent
Both parties want to be bound
Benefit/detriment or bargained for exchange
Intent to be bound, to definite terms, communicated to offeree
Offer + Acceptance =
Mutual Assent
Intent
Both parties want to be bound
13 terms
1L fall Restatement Contracts
What does the restatement 71 state
Restatement (Second) § 90
Restatement 86
Restatement (Second) of Contracts § 175
Requirement of consideration ignorer for an exchange ... (1) To…
Restatement (Second) § 90- promissory estoppel ... 1) Promise... 2)…
past consideration / moral obligation... (1) A promise made in…
Duress occurs the contract is voidable ... (1) If a party's man…
What does the restatement 71 state
Requirement of consideration ignorer for an exchange ... (1) To…
Restatement (Second) § 90
Restatement (Second) § 90- promissory estoppel ... 1) Promise... 2)…
97 terms
Contracts 1L-1
contract
offer
option contract
ways to terminate an offer
a promise or set of promises the breach of which the law prov…
present manifestation of a willingness to enter into a bargai…
a promise which meets the requirement for the formation of a…
rejection/counter-offer, lapse of time, revocation by the off…
contract
a promise or set of promises the breach of which the law prov…
offer
present manifestation of a willingness to enter into a bargai…
92 terms
NWCU 1L - Contracts
Elements of Contact
Mutual Assent
Offer
Acceptance
* Offer... * Acceptance... * Consideration
Requirement of an initial agreement between the parties to en…
An offer is a manifestation of present contractual intent and…
An unequivocal assent to the terms of an offer... * Unequivocal…
Elements of Contact
* Offer... * Acceptance... * Consideration
Mutual Assent
Requirement of an initial agreement between the parties to en…
97 terms
1L Contracts Spring
Individuals w/ No Capacity to Contract
Halbman v Lemke
Ortelere v Teachers Retirment
Duress
1) Under Guardianship... 2) Infant... 3) Mentally Ill... 4) Intoxicated
"Infancy Doctrine" minor has absolute right to disaffirm cont…
Mentally Ill is "so affected as to render him wholly and abso…
Wrongful threat that induces a party to agree to a contract o…
Individuals w/ No Capacity to Contract
1) Under Guardianship... 2) Infant... 3) Mentally Ill... 4) Intoxicated
Halbman v Lemke
"Infancy Doctrine" minor has absolute right to disaffirm cont…
8 terms
1L fall UCC of contracts
Statue of frauds is on page
Unif.Commercial Code § 2-302
UCC 2-306
UCC 3-311
1153... think of ... Do the contract terms call for performance ov…
Unconscionable Contract or Clause... (1) If the court as a matt…
Output, Requirements and Exclusive Dealings... A lawful agreeme…
CHECKS-PAID in FULL- CLAIM is SETLE IF check is CASHED withou…
Statue of frauds is on page
1153... think of ... Do the contract terms call for performance ov…
Unif.Commercial Code § 2-302
Unconscionable Contract or Clause... (1) If the court as a matt…
CONTRACTS-FINAL-1L
What is Consideration to a K under BFE…
Consideration Rule (Hamer v. Sidway)
If there is a bargain for exchange the…
Conditional Gifts
Consideration is a BFE which is when the promisor seeks a pro…
If a promisor receives a benefit, detriment, or forbearance i…
do not look into the inadequacy of the consideration
If the promisor merely intends to make a gift to the promisee…
What is Consideration to a K under BFE…
Consideration is a BFE which is when the promisor seeks a pro…
Consideration Rule (Hamer v. Sidway)
If a promisor receives a benefit, detriment, or forbearance i…
88 terms
Concord Law School Contracts - 1L
Contracts
Intent to Contract
Applicable Law - UCC
Applicable Law - Common Law
Rule Statements
A party's intent to contract is deemed to be what a reasonabl…
applies for sales of goods - The 2nd Article of UCC governs c…
The Common Law of contracts consist of all other contracts, g…
Contracts
Rule Statements
Intent to Contract
A party's intent to contract is deemed to be what a reasonabl…
88 terms
Concord Law School Contracts - 1L
Contracts
Intent to Contract
Applicable Law - UCC
Applicable Law - Common Law
Rule Statements
A party's intent to contract is deemed to be what a reasonabl…
applies for sales of goods - The 2nd Article of UCC governs c…
The Common Law of contracts consist of all other contracts, g…
Contracts
Rule Statements
Intent to Contract
A party's intent to contract is deemed to be what a reasonabl…
88 terms
Concord Law School Contracts - 1L
Contracts
Intent to Contract
Applicable Law - UCC
Applicable Law - Common Law
Rule Statements
A party's intent to contract is deemed to be what a reasonabl…
applies for sales of goods - The 2nd Article of UCC governs c…
The Common Law of contracts consist of all other contracts, g…
Contracts
Rule Statements
Intent to Contract
A party's intent to contract is deemed to be what a reasonabl…
9 terms
1L_Contract_Writing
Manifestation of Assent -- expression…
Manifestation of Assent -- Condition t…
Manifestation of Assent -- Condition t…
Only the offeree can accept an offer
In order for there to be an acceptance, there must be an expr…
A purported acceptance that adds conditions to the terms of t…
The point of ***'s response is that he intends not to be boun…
The rule of law is that only an offeree can accept an offer.…
Manifestation of Assent -- expression…
In order for there to be an acceptance, there must be an expr…
Manifestation of Assent -- Condition t…
A purported acceptance that adds conditions to the terms of t…
35 terms
Contracts Midterm 1L
The UCC is
What does the UCC apply to?
2 mandatory sources
Contract
The Uniform Commercial Code
Applies to the common law for movable goods (does not include…
Common Law and the UCC
An agreement between 2 or more parties to do something in the…
The UCC is
The Uniform Commercial Code
What does the UCC apply to?
Applies to the common law for movable goods (does not include…
231 terms
Contract Law for Law Students 1L
What is a Contract?
What does a Contract Require?
What are unliquidated damages?
What law applies to:... Services... Land... Goods
A contract is a legally enforceable agreement composed of a p…
Requires: ... Mutual Assent, Consideration, aka "Bargained-for…
Damages that cannot be determined by a fixed formula and must…
• Common law (state case law) for services;... • Common law (sta…
What is a Contract?
A contract is a legally enforceable agreement composed of a p…
What does a Contract Require?
Requires: ... Mutual Assent, Consideration, aka "Bargained-for…
87 terms
Concord Law School Contracts - 1L
Intent to Contract
Applicable Law - UCC
Applicable Law - Common Law
Bilateral Contract
A party's intent to contract is determined using the objectiv…
applies for sales of goods - The 2nd Article of UCC governs c…
The Common Law of contracts consist of all other contracts, g…
A promise made in exchange for a promise given. A contract ar…
Intent to Contract
A party's intent to contract is determined using the objectiv…
Applicable Law - UCC
applies for sales of goods - The 2nd Article of UCC governs c…
88 terms
Concord Law School Contracts terms- 1L KEEP
Contracts
Intent to Contract
Applicable Law - UCC
Applicable Law - Common Law
Rule Statements
A party's intent to contract is deemed to be what a reasonabl…
applies for sales of goods - The 2nd Article of UCC governs c…
The Common Law of contracts consist of all other contracts, g…
Contracts
Rule Statements
Intent to Contract
A party's intent to contract is deemed to be what a reasonabl…
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