Common Law of Contracts vs Uniform Commercial Code (UCC)

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What was the main focus of plaintiff’s breach of contract claim at trial?

Defendant’s refusal to complete the purchase with plaintiff

What did the plaintiff ultimately not base his breach of contract claim on?

Defendant’s separate purchase of the property

What action by the defendant was considered surreptitious [secret]?

His use of plaintiff's information for a more favorable transaction for himself

Why does defendant argue that his post-termination actions were not a breach of contract?

Both parties understood that the agreement was null after termination Signup and view all the answers

What was the key reason for defendant's argument about his post-termination actions?

Both parties participating in similar conduct after termination Signup and view all the answers

What did plaintiff identify as among the breaches committed by defendant?

Defendant's refusal to complete the purchase with plaintiff Signup and view all the answers

Which of the following areas is governed by the Uniform Commercial Code (UCC) rather than common contract law?

Contracts for the sale and lease of goods Signup and view all the answers

What is the primary function of contract law?

To provide stability, predictability, and certainty in contractual relationships Signup and view all the answers

Which of the following is considered when determining whether a promise should be enforced?

The age and mental competence of the person making the promise Signup and view all the answers

According to the passage, why do some parties keep their promises?

Because they feel a moral obligation or it is in their mutual self-interest Signup and view all the answers

Which area of law determines whether a promise is contrary to public policy and therefore invalid?

Common law of contracts Signup and view all the answers

According to the passage, what is the essence of contract law?

Resolving questions about whether promises should be enforced Signup and view all the answers

What is an express oral contract?

A contract made verbally by agreeing to terms Signup and view all the answers

Which of the following is NOT a requirement for an implied contract to arise?

The parties explicitly discussed and agreed to the terms verbally Signup and view all the answers

In the example provided, what service or property did Alex expect to pay for?

Accounting services to complete his tax return Signup and view all the answers

What is the difference between an express contract and an implied contract?

An express contract is created by words, while an implied contract is created by conduct Signup and view all the answers

Which of the following is an example of a formal contract according to the Restatement (Second) of Contracts?

A negotiable instrument like a promissory note Signup and view all the answers

If a customer enters a restaurant, orders food, and consumes it, what type of contract has likely been formed?

An implied-in-fact contract Signup and view all the answers

What was the original contract that Uhrhahn had with Hopkins?

To use cinder blocks in the construction project Signup and view all the answers

Why did Uhrhahn demand extra payment from Hopkins for using the Durisol blocks?

The Durisol blocks were more complicated to install than the cinder blocks Signup and view all the answers

Why did the court find that Hopkins had waived the provision requiring written contract modification?

Hopkins had paid for other deviations from the contract that he had orally requested Signup and view all the answers

What did the implied covenant of good faith and fair dealing require in this case?

The parties to perform in accord with the contract and the parties' reasonable expectations under it Signup and view all the answers

What was the basis of Uhrhahn's lawsuit against Hopkins?

Both a and c Signup and view all the answers

What does the parol evidence rule state about extrinsic evidence?

It is not admissible to contradict express terms in a written contract. Signup and view all the answers

What type of evidence cannot be admitted under the parol evidence rule?

Evidence that contradicts express terms in a written contract. Signup and view all the answers

What did the Wagners' contract specify about sharing in net profits?

Sharing in monies received for exhibiting photoplays and ancillary rights only. Signup and view all the answers

What type of rights must exist for a right to be considered 'subsidiary' or 'ancillary'?

Rights that are supplementary or subordinate to primary rights. Signup and view all the answers

Why is Wagner's extrinsic evidence problematic according to the text?

It contradicts the contract language instead of explaining it. Signup and view all the answers

In the context of the 'Charlie's Angels' agreement, what is the significance of 'all monies actually received by Producer'?

It encompasses all revenues received by the Producer related to the series. Signup and view all the answers

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