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Consumer Protection: Article Two of the UCC
Consumer Protection: Article Two of the UCC

... This is first and foremost a comment on consumer protection, with particular emphasis upon the low-income consumer, rather than an analysis of specific sections of the Uniform Commercial Code.1 The UCC presently offers certain protection for those consumers who have been the victims of a "bad" contr ...
white paper on Frustration and Force Majeure.
white paper on Frustration and Force Majeure.

... The compass is labelled in this way because navigating the landscape of a contract requires knowledge of the law, an understanding of how language should be drafted in light of the law, and recognition of how that language will work in practice – whether it relates to contract performance, the ultim ...
Consideration - 2012 Book Archive
Consideration - 2012 Book Archive

... Aspen, 1973), 46. In short, “courts do not inquire into the adequacy of consideration.” Of course, normally, parties to contracts will not make such a one-sided deal as Scrooge and Caspar’s. But there is a common class of contracts in which nominal consideration—usually one dollar—is recited in prin ...
contracts outline
contracts outline

... particular promise fits w/in a particular writ (one had to pursue a specific avenue of writ= avenue of recovery). *No writ, no right, no recovery (=with no writ there is no legal right for recovery) *Remedies for Breach of Contract: 1. Restitution Interest = the party’s interest in recovering values ...
revision question bank - Becker Professional Education
revision question bank - Becker Professional Education

... The thing causing the damage is under the control of the defendant or someone for whose negligence the defendant is responsible. ...
WEB NOTES - Pearson Higher Education
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 ...
Sales Quiz
Sales Quiz

... Bill, and it gave assurances that it would be open for 6 months. Although the bid became revocable after 3 months, Bill did not take any action to revoke it. Under the common law “dispatch rule” incorporated by 1-103, an offer is irrevocable after the offeree notifies the offeror of acceptance. Here ...
Ch 1 Outline THE NATURE OF LAW - Law consists of enforceable
Ch 1 Outline THE NATURE OF LAW - Law consists of enforceable

... not expressly prohibited? D. AN INDIVIDUAL’S CONSCIENCE - How does the actor’s or decision maker’s conscience regard the plan of action? Could the plan survive in the glare of publicity? E. PROMISES TO OTHERS - Will the action satisfy commitments that have been made to others, inside and outside the ...
Incomplete Contracts in a Complete Contract World
Incomplete Contracts in a Complete Contract World

... Contracts are never fully complete, because some contractual incompleteness is inevitable, given the costs of thinking about, bargaining over, and drafting for future contingencies. 2 In addition, contracting parties may sometimes leave contracts incomplete on purpose, either because one or both of ...
Phillips Contracts Winter 1997
Phillips Contracts Winter 1997

... 1. consideration - a benefit received by the promisor or a detriment incurred by the promisee. 2. promise - an assurance or undertaking, however expressed, that something will or will not be done in the future. Promises are enforceable by law called contracts. 3. beneficiary - when performance of a ...
Emanuel Law Outlines
Emanuel Law Outlines

... weaseling out (as they often try to do when the market changes). This entire "battle of the forms" is dealt with in UCC § 2207, probably the most important UCC provision for the Contracts student. [34 - 35] 1. General: At the most general level, § 2-207(1) provides that any "expression of acceptance ...
1. Assignment – contract rights are assigned for value, occasionally
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 ...
A Marriage between Socialist, Third World, Common, and Civil Law
A Marriage between Socialist, Third World, Common, and Civil Law

... 27 See art. 9 (binding the parties to any usage to which they have agreed and, unless otherwise agreed, to any usage which "they have impliedly made applicable to their contract or its formation .. .of which the parties knew or ought to have known and which in international trade is widely known to, ...
Contracts ii - Free Law School Outlines
Contracts ii - Free Law School Outlines

...  This requirement is generally applicable to personal, not commercial, parties.  In some cases courts will issue an injunction rather than ordering performance to get around this requirement. Example: Court will not force an employee in breach to work under the terms of contract, but will issue an ...
Unexpected Circumstances arising from World War I and its
Unexpected Circumstances arising from World War I and its

... In French private law, the effect of changed or unforeseen circumstances upon existing contractual relations had traditionally been handled through the doctrine of force majeure (Articles 1147 and 1148 of the Code civil). Unless a party had assumed the risk of impossibility, no liability was incurre ...
Annexure : 20 THE TAMILNADU INDUSTRIAL INVESTMENT
Annexure : 20 THE TAMILNADU INDUSTRIAL INVESTMENT

... manner stipulated, then the Authorised Officer shall execute a certificate of sale in favour of the successful highest bidder for the land and building / machinery (expenses on bidder’s account) and the Authorised Officer shall deliver the property to the highest bidder if under actual possession an ...
SLBE 5% Price Pref Explanation
SLBE 5% Price Pref Explanation

... for application of the 5% price preference (or any other API under this SBLE Program), the certified Small Local Business Enterprise Joint Venture must perform at least 51% of the total contract cost, with its own forces, and the SLBE Joint Venture partner must own and manage at least 51% of the Joi ...
II. Damages - Internet Legal Research Group
II. Damages - Internet Legal Research Group

... Formation in general Open price term Absence of specified place for delivery Absence of specific time provisions, notice of termination Existence of contract where written memorial is contemplated Time when acceptance takes place Reasonableness of medium of acceptance Acceptance by silence or exerci ...
ClassNotesContractsPhillipsFull
ClassNotesContractsPhillipsFull

... Yes; a promise is consideration whether it benefits the promisee or burdens the promisor. Consideration was nephew's not smoking or drinking, not nephew's promise not to smoke or drink. Important not to confuse promise to perform with performance. Uncle invited action, not intent, on part of nephew. ...
Enforcement of Promi..
Enforcement of Promi..

... consideration for the buyer’s promise to pay and can be described either as a detriment to the seller or as a benefit to the buyer. These statements relate to the consideration for the promise of each party looked at separately. For example, the seller suffers a ‘detriment’ when he delivers the good ...
International Business Transactions-SBA
International Business Transactions-SBA

... (b) however, change must be “material” to be a rejection/counteroffer (c) judges have rebelled here (2/3), tend to use knockout rule (2) Last Shot Principle. If seller ships goods, governing terms are those of the last non-terminated offer. If buyer accepts goods, he accepts terms on order acknowled ...
I - Free Law School Outlines Professor Subject
I - Free Law School Outlines Professor Subject

... RSC §71 Requirement of Exchange, p 209: Consideration is a performance or a return promise that is bargained for as part of an exchange. Performance may consist of an act other than a promise, a forebearance, or the creation, modification or destruction of a legal relation. The promise can be given ...
Contract Law Through the Lens of Laissez-Faire
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 ...
outline 2 - NYU School of Law
outline 2 - NYU School of Law

... reasonable person standing outside, looking at the transaction) is according to the actions of the parties. a. Objective is more efficient, because the court doesn't have to spend time looking to what was in a person's mind. b. Objective theory is also more certain; no evidentiary problems. c. The p ...
What does it mean? - Eversheds Sutherland
What does it mean? - Eversheds Sutherland

... code such that it applies to all contracts (whether expressly included in a contract or not). For example, the European Court of Justice has referred to good faith as a “principle of civil law”1 and the proposed Common European Sales Law includes a definition of “good faith and fair dealing” as “a s ...
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Offer and acceptance

Offer and acceptance are elements required for the formation of a legally binding contract: the expression of an offer to contract on certain terms by one person (the ""offeror"") to another person (the ""offeree""), and an indication by the offeree of its acceptance of those terms. The other elements traditionally required for a legally binding contract are (i) consideration and (ii) an intention to create legal relations.Offer and acceptance analysis is a traditional approach in contract law. The offer and acceptance formula, developed in the 19th century, identifies a moment of formation when the parties are of one mind. This classical approach to contract formation has been weakened by developments in the law of estoppel, misleading conduct, misrepresentation and unjust enrichment.
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