Sales Quiz
... 8. Under 2-206(1)(a), unless unambiguously indicated, “an offer to make a contract shall be construed as inviting acceptance in any manner...reasonable under the circumstances.” Specifically, under 2-206(2), “where the beginning of a requested performance is a reasonable mode of acceptance, an offer ...
... 8. Under 2-206(1)(a), unless unambiguously indicated, “an offer to make a contract shall be construed as inviting acceptance in any manner...reasonable under the circumstances.” Specifically, under 2-206(2), “where the beginning of a requested performance is a reasonable mode of acceptance, an offer ...
Contracts -Schooner – Fall 2011
... ii. The offeror has the power to determine WHAT constitutes acceptance as well as how it should be conveyed, when, where, etc. iii. At the moment that the bilateral contract becomes enforceable, both parties are bound to fulfill their promises, not contingent upon another performance iv. In Bi-later ...
... ii. The offeror has the power to determine WHAT constitutes acceptance as well as how it should be conveyed, when, where, etc. iii. At the moment that the bilateral contract becomes enforceable, both parties are bound to fulfill their promises, not contingent upon another performance iv. In Bi-later ...
WEB NOTES - Pearson Higher Education
... for different remedies from the multifarious and the intricate. The margin of departure within the range of normal expectation upon a sale of common chattels will vary from the margin to be expected upon a contract for the construction of a mansion or a ‘skyscraper.’ There will be harshness sometime ...
... for different remedies from the multifarious and the intricate. The margin of departure within the range of normal expectation upon a sale of common chattels will vary from the margin to be expected upon a contract for the construction of a mansion or a ‘skyscraper.’ There will be harshness sometime ...
1. Assignment – contract rights are assigned for value, occasionally
... Traditional trend is the 4-corner rule: If the instrument is complete on its face, the instrument is presumed to be a total integration. The court determines whether the writing is complete on its face solely by looking at the instrument. The modern trend is what we're supposed to use as the basic r ...
... Traditional trend is the 4-corner rule: If the instrument is complete on its face, the instrument is presumed to be a total integration. The court determines whether the writing is complete on its face solely by looking at the instrument. The modern trend is what we're supposed to use as the basic r ...
Contract Law Through the Lens of Laissez-Faire
... See, e.g., Bowen, L.J.'s remarks in The Moorcock, 14 P. 64, 68 (1889): "I believe if one were to take all the cases, and they are many, of implied warranties or covenants in law, it will be found that in all of them the law is raising an implication from the presumed intention of the parties with th ...
... See, e.g., Bowen, L.J.'s remarks in The Moorcock, 14 P. 64, 68 (1889): "I believe if one were to take all the cases, and they are many, of implied warranties or covenants in law, it will be found that in all of them the law is raising an implication from the presumed intention of the parties with th ...
Suitability - Alastair Hudson`s
... suggestion that common intention manifested in void commercial contracts ought to create some equity requiring performance in accordance with the allocation of risks under those agreements. Further, there is no analysis in the decided cases as to whether or not the factors affecting the conscience ...
... suggestion that common intention manifested in void commercial contracts ought to create some equity requiring performance in accordance with the allocation of risks under those agreements. Further, there is no analysis in the decided cases as to whether or not the factors affecting the conscience ...
Scott - NYU School of Law
... 3. parol evidence to explain the K (court won’t take evidence to explain meaning of K unless it’s ambiguous); whether there is any ambiguity 4. collateral on subject matter of the writing (if agreement covers more than one transaction, parol evidence rule doesn’t apply to ancillary, collateral trans ...
... 3. parol evidence to explain the K (court won’t take evidence to explain meaning of K unless it’s ambiguous); whether there is any ambiguity 4. collateral on subject matter of the writing (if agreement covers more than one transaction, parol evidence rule doesn’t apply to ancillary, collateral trans ...
Scott - NYU School of Law
... (b) the speaker knows that the disclosure would correct a mistake of the recipient as to a basic assumption on which the party is making the K, and the non-disclosure would be bad faith (c) the speaker knows that the disclosure would correct a mistake of the recipient as to the contents or effect of ...
... (b) the speaker knows that the disclosure would correct a mistake of the recipient as to a basic assumption on which the party is making the K, and the non-disclosure would be bad faith (c) the speaker knows that the disclosure would correct a mistake of the recipient as to the contents or effect of ...
Unexpected Circumstances arising from World War I and its
... do not have such an ‘exceptional’ doctrine or, even if they have such a doctrine (as most jurisdictions do), this doctrine generally cannot lead to an adjustment of the contract.1 In this article, it will be argued that this distinction can be related to the judiciary’s reaction in certain countries ...
... do not have such an ‘exceptional’ doctrine or, even if they have such a doctrine (as most jurisdictions do), this doctrine generally cannot lead to an adjustment of the contract.1 In this article, it will be argued that this distinction can be related to the judiciary’s reaction in certain countries ...
Contracts – 2010/2011 – MacDougall
... D. waived notice of acceptance since unilateral K binding when performance complete. Ads generally invitation to treat, unless language interpreted as offer by reasonable person – mere puff definition b. Communication of Offer ......................................................................... ...
... D. waived notice of acceptance since unilateral K binding when performance complete. Ads generally invitation to treat, unless language interpreted as offer by reasonable person – mere puff definition b. Communication of Offer ......................................................................... ...
Daveed Gartenstein-Ross
... In unilateral mistake case, one party relies on meaning of contract as written and we want to protect that legitimate expectation. In mutual mistake, neither party has a reasonable expectation based on contract as written. Duty to read doctrine (Ray v. Eurice, see also Skrbina). Once parties enter i ...
... In unilateral mistake case, one party relies on meaning of contract as written and we want to protect that legitimate expectation. In mutual mistake, neither party has a reasonable expectation based on contract as written. Duty to read doctrine (Ray v. Eurice, see also Skrbina). Once parties enter i ...
Lessons from the Swaps Cases
... suspicious about derivatives.8 This conviction was perpetuated by Hobhouse J. in the contracts for differences case Morgan Grenfell v. Welwyn Hatfield DC and others9 (‘Welwyn’) under which it was held that interest rate swaps were only preserved from being classified as gaming contracts by the savin ...
... suspicious about derivatives.8 This conviction was perpetuated by Hobhouse J. in the contracts for differences case Morgan Grenfell v. Welwyn Hatfield DC and others9 (‘Welwyn’) under which it was held that interest rate swaps were only preserved from being classified as gaming contracts by the savin ...
Enforcement of Promi..
... Note: The Seller is both a promisor and a promisee. Likewise, the Buyer is both a promisor and a promisee. ...
... Note: The Seller is both a promisor and a promisee. Likewise, the Buyer is both a promisor and a promisee. ...
contracts review - NYU School of Law
... paid Webb $15 every two weeks, but after he died the executors of McGoin’s estate refused to do so. RULE: Past acts of saving a party from death or serious bodily harm (benefit must be to his person) constitute consideration to support a subsequently induced promise. A moral obligation is a sufficie ...
... paid Webb $15 every two weeks, but after he died the executors of McGoin’s estate refused to do so. RULE: Past acts of saving a party from death or serious bodily harm (benefit must be to his person) constitute consideration to support a subsequently induced promise. A moral obligation is a sufficie ...
Contracts Outline (Murphy)
... 2. quasi-contractual debt ii. Usually requires a writing (evidentiary rule?) iii. Limited to what was actually later promised! c. Benefit to promisor already conferred (Restatement §86) i. Fail under bargain theory Allowed on unjust enrichment theory 1. Later promise creates a rebuttable presumpti ...
... 2. quasi-contractual debt ii. Usually requires a writing (evidentiary rule?) iii. Limited to what was actually later promised! c. Benefit to promisor already conferred (Restatement §86) i. Fail under bargain theory Allowed on unjust enrichment theory 1. Later promise creates a rebuttable presumpti ...
The History of Contract Law
... 19. Given this implicit recognition of liability for duties not fulfilled, it is surprising that the law upheld a strict but slippery distinction between cases of misfeasance and cases of nonfeasance. That is, a builder would be liable if he undertook to build your house and did so negligently, but ...
... 19. Given this implicit recognition of liability for duties not fulfilled, it is surprising that the law upheld a strict but slippery distinction between cases of misfeasance and cases of nonfeasance. That is, a builder would be liable if he undertook to build your house and did so negligently, but ...
LAWS2111-Notes-20131-1
... Cf. *Carlill v. Carbolic Smoke Ball Co. [1893]: Carbolic reward/unilateral contract while the others bilateral. Advertisments usually invitations to treat. Bowen: 1. Bank deposit made the offer more than mere puff in any reasonable persons objective opinion 2. Offer was made to the whole world and ...
... Cf. *Carlill v. Carbolic Smoke Ball Co. [1893]: Carbolic reward/unilateral contract while the others bilateral. Advertisments usually invitations to treat. Bowen: 1. Bank deposit made the offer more than mere puff in any reasonable persons objective opinion 2. Offer was made to the whole world and ...
Contracts – Hull (2007-08) - St. Thomas More – Loyola Law School
... 2. An agreement sufficient to constitute a contract for sale may be found even though the moment of its making is undetermined. (See Rolling Contracts) 3. Even though one or more terms are left open a contract for sale does not fail for indefiniteness if the parties have intended to make a contract ...
... 2. An agreement sufficient to constitute a contract for sale may be found even though the moment of its making is undetermined. (See Rolling Contracts) 3. Even though one or more terms are left open a contract for sale does not fail for indefiniteness if the parties have intended to make a contract ...
What does it mean? - Eversheds Sutherland
... simply meaning that the parties “should not deceive each other, a principle which any legal system must recognise; its effect is perhaps most aptly conveyed by such metaphorical colloquialisms as ‘playing fair’, ‘coming clean’ or ‘putting one’s cards face upwards on the table’. It is in essence a pr ...
... simply meaning that the parties “should not deceive each other, a principle which any legal system must recognise; its effect is perhaps most aptly conveyed by such metaphorical colloquialisms as ‘playing fair’, ‘coming clean’ or ‘putting one’s cards face upwards on the table’. It is in essence a pr ...
The Law of Contracts - Book Companion Site
... not receiving consideration, Carol would have no legal grounds upon which to sue if he later failed to honour his promise. The gratuitous reduction of a debt is another example of an unenforceable contract. Suppose Tony owes Carol $100 and the due date has passed. If Carol asks Tony for $75 stating ...
... not receiving consideration, Carol would have no legal grounds upon which to sue if he later failed to honour his promise. The gratuitous reduction of a debt is another example of an unenforceable contract. Suppose Tony owes Carol $100 and the due date has passed. If Carol asks Tony for $75 stating ...
Guidelines for Contracts Relating to the Nursing Facility Minimum
... 4) Is the source of the contractor's compensation MPA funds? If a contract is styled such that the source of compensation is the MPA funds themselves, there could be a violation of the certification provided by the participating governmental entity. If the answer to any of questions 1-3 is yes, the ...
... 4) Is the source of the contractor's compensation MPA funds? If a contract is styled such that the source of compensation is the MPA funds themselves, there could be a violation of the certification provided by the participating governmental entity. If the answer to any of questions 1-3 is yes, the ...
Contracts ii - Free Law School Outlines
... not awarded when the contract is breached Hadley v. Baxendale: Damages are foreseeable when they are: Direct or natural consequences of the breach – or – Contemplated by both parties at the time of contract formation Incidental damages are damages arising naturally from the breach - generall ...
... not awarded when the contract is breached Hadley v. Baxendale: Damages are foreseeable when they are: Direct or natural consequences of the breach – or – Contemplated by both parties at the time of contract formation Incidental damages are damages arising naturally from the breach - generall ...
Contracts Outline - NYU School of Law
... i. Lucy v. Zehmer: past dealings btwn parties can make it reasonable for buyer to believe seller was serious and that seller should have known that (drunk sold house to friend) ii. Modern Hamer: no enforcement if uncle promises cash for forbearance from illegal drugs. Contract can't enforce illegal ...
... i. Lucy v. Zehmer: past dealings btwn parties can make it reasonable for buyer to believe seller was serious and that seller should have known that (drunk sold house to friend) ii. Modern Hamer: no enforcement if uncle promises cash for forbearance from illegal drugs. Contract can't enforce illegal ...
Gillette - NYU School of Law
... ▪ Objective Test applied to determine whether there was mutual assent. A party's conduct can manifest assent even if he doesn't assent. The contract is only voidable in those cases because of fraud, duress, mistake, or other invalidating cause (see UNIT III and UNIT VI) – R2 § 19(3) The objectiv ...
... ▪ Objective Test applied to determine whether there was mutual assent. A party's conduct can manifest assent even if he doesn't assent. The contract is only voidable in those cases because of fraud, duress, mistake, or other invalidating cause (see UNIT III and UNIT VI) – R2 § 19(3) The objectiv ...