Contract Law Overview
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Questions and Answers

What must a signed writing include to satisfy the Statute of Frauds?

  • A detailed description of the agreement (correct)
  • Verification by a notary public
  • Signatures from both parties only
  • Outline of all terms and conditions (correct)
  • Which of the following is not an exception to the Statute of Frauds?

  • Partial payment
  • Contracts with indefinite terms (correct)
  • Partially performed contract
  • Sale of goods above a certain value
  • What is a key characteristic of fully integrated contracts?

  • They allow for additional terms to contradict them
  • They can be supplemented with extrinsic evidence
  • They require unanimous agreement to be enforceable
  • They are considered complete and exclusive statement of terms (correct)
  • Which of the following is a requirement to invoke the parol evidence rule?

    <p>The writing must be interpreted as a final expression (B)</p> Signup and view all the answers

    Which of the following is not considered a type of misrepresentation?

    <p>Statutory misrepresentation (B)</p> Signup and view all the answers

    What distinguishes duress from undue influence in contract law?

    <p>Duress always involves physical threat while undue influence does not (B)</p> Signup and view all the answers

    Incapacitated individuals typically lack which of the following?

    <p>The ability to understand the consequences of their actions (A), The capacity to enter into a binding contract (D)</p> Signup and view all the answers

    Which of the following scenarios could lead to a finding of unconscionability?

    <p>A significant disparity in bargaining power (B)</p> Signup and view all the answers

    Which of the following best describes the concept of 'consideration' in contract law?

    <p>A bargain for exchange necessary for creating a valid contract. (D)</p> Signup and view all the answers

    In the context of unconscionability, which scenario would most likely qualify as unconscionable?

    <p>A contract formed by a party who had a significantly greater bargaining power, imposing unfair terms. (A)</p> Signup and view all the answers

    What constitutes misrepresentation in a contractual agreement?

    <p>A false statement made knowingly or recklessly that induces the other party to enter the contract. (D)</p> Signup and view all the answers

    Which situation is most likely to render a contract void due to incapacity?

    <p>A teenager entering into a contract for the sale of a car. (C)</p> Signup and view all the answers

    Duress in contract law refers to which of the following?

    <p>A situation where one party is forced to enter into a contract under pressure or threat. (D)</p> Signup and view all the answers

    What is a common element that typically indicates undue influence in a contract?

    <p>One party portrays a level of authority over another, coercing them into agreement. (B)</p> Signup and view all the answers

    In the context of mistake in contracts, which scenario is likely to void a contract?

    <p>Both parties misunderstand a fact central to the agreement. (D)</p> Signup and view all the answers

    Which of the following scenarios best illustrates nondisclosure in contractual obligations?

    <p>A real estate agent failing to disclose a property’s historical issues with flooding. (B)</p> Signup and view all the answers

    What is a characteristic of a partially integrated contract?

    <p>It allows for parol evidence to clarify terms. (C)</p> Signup and view all the answers

    In which case was the implied warranty of habitability in residential leases notably discussed?

    <p>Javins v. First National Realty Corp (A)</p> Signup and view all the answers

    Which of the following best describes duress in contracts?

    <p>A party is threatened into agreement under inappropriate pressure. (C)</p> Signup and view all the answers

    What does Section 2-314 of the UCC pertain to?

    <p>Implied warranty of merchantability (C)</p> Signup and view all the answers

    Which concept refers to a significant disparity in bargaining power within contracts?

    <p>Unconscionability (A)</p> Signup and view all the answers

    Under what condition is an oral agreement typically admissible in relation to a written contract?

    <p>If the written agreement is incomplete. (A)</p> Signup and view all the answers

    Which of the following is NOT a method of creating an express warranty under UCC 2-313?

    <p>By an opinion about the goods. (D)</p> Signup and view all the answers

    What does the 'course of performance' refer to in UCC terms?

    <p>The conduct of parties regarding a particular contract over time. (A)</p> Signup and view all the answers

    Flashcards

    Statute of Frauds

    Certain types of contracts must be in writing to be enforceable.

    Parol Evidence Rule

    Terms in a final written agreement can't be contradicted by earlier oral agreements, but consistent additional terms may be added.

    Fully Integrated Contract

    A contract that is intended to be a complete and exclusive statement of the agreement's terms.

    Partially Integrated Contract

    A contract that is final but not intended to be an exclusive statement of all terms.

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    Specific Manufactured Goods (SOF Exception)

    Contracts for the sale of goods specifically made for a buyer are exempt from the Statute of Frauds' writing requirement.

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    Partial Payment (SOF Exception)

    Partial payment can sometimes remove the need for a written contract under certain circumstances.

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    Partial Performance (SOF Exception)

    Partial performance of a contract can make it enforceable even without a written agreement in some cases.

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    Sale of Goods (SOF, Article 2)

    Certain contracts for the sale of goods require a writing under a specific section of the Statute of Frauds (Article 2).

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    Contract Definition

    A legally binding agreement between two or more parties that creates mutual obligations. A contract needs offer, acceptance, and consideration to be valid.

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    Mutual Assent

    A meeting of minds between parties where they agree on the same terms and conditions of a contract.

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    Consideration

    Something of value exchanged between parties in a contract, like a promise, performance, or payment.

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    Unilateral Contract

    A contract where one party makes a promise in exchange for a specific action from the other party. Acceptance is through performance.

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    Offer in Jest

    An offer made jokingly or without serious intent to be bound by contract.

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    Agreement to Agree

    A preliminary agreement where parties intend to negotiate the essential terms of a contract in the future. Generally NOT binding.

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    Mutuality of Consideration

    Each party in a contract must provide something of value to the other party. Something for something.

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    UCC (Uniform Commercial Code)

    A set of standardized laws governing commercial transactions, including sale of goods contracts. Article 2 focuses on sales of goods.

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    How to Determine Integration

    Courts use a multi-factor approach to determine whether a contract is fully or partially integrated, considering Factors such as the writing's specificity, the parties' conduct, and the surrounding circumstances.

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    Parol Evidence & 3-303

    Under the UCC, a contract writing's terms can be explained or supplemented by evidence of course of performance, course of dealing, or usage of trade, even if the writing is fully integrated.

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    Course of Performance Evidence

    Evidence showing how past transactions were actually performed, even if different from written terms, can be admissible to explain the contract.

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    Course of Dealing Evidence

    Evidence showing how parties acted in past transactions, even without written agreements, can help interpret the written contract.

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    Usage of Trade Evidence

    Evidence of industry practices or customs can be used to explain written contract terms, even if not stated expressly.

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    Study Notes

    Contract Law Study Notes

    • Definition of Contract: A contract requires two or more people, an agreement about something to be done in the future, and a way to enforce the agreement.
    • Sources of Contract Law: Model rules, judicial opinions, written laws (statutes), and Uniform Commercial Code (UCC) Article 2 (sales of goods). Some contracts are governed by UCC, others by common law.
    • Contract Theory: Inform a lawyer's life from a policy perspective. Includes formalism versus realism, and the economic approach as a possible greatest law. The law's efficiency is also considered.
    • Question 4: Conduct and implicit understanding are required with minimal express terms.
    • Question 7: Consideration is a bargain for exchange.
    • August 30 (Myer v. Uber Technologies): By creating an Uber account, users agree to the terms of service and privacy policy. A reasonable user is on inquiry notice of these terms when they click the sign-up button. Two types of agreements are clickwrap and browserwrap.
    • September 3rd: Actual knowledge of a joke negates the formation of a contract. An offer is a manifestation of willingness to form a legally binding agreement. Price is a material term in an offer. Offers made in jest are not valid.
    • Offers made in jest: Not valid offers, even if purposely made, as outlined in Normile v. Miller. Outlines and applies classical rules of offers and acceptance.
    • Unilateral Contract (Offer/Acceptance): Offeror's promise in exchange for offeree's act/specific action (e.g. Cook v. Coldwell Banker/Frank Laiben Realty). Bilateral contract is about exchange of promises, unilateral is about a promise to reward an act.
    • September 13: Common law and UCC applies, with the UCC applying to sales of goods. Real estate contracts are NOT covered by UCC.
    • Jannusch v. Naffziger (sale of a business): whether or not UCC or common law applies depends on the 'predominant purpose' test
    • UCC 2-207 (Battle of the Forms): Deals with the specifics of offer and acceptance when there are differences between the offer and acceptance.
    • Question 1: Has a contract been formed?
    • Question 2: If a valid acceptance occurred, what about variant terms?
    • September 17: Promissory estoppel - A promise can be enforced if someone reasonably relied on it. The reliance that a reasonable person would have taken.
    • King v. Trustees of Boston: Reasonable because of a letter sent saying the promise would be there
    • September 20: Promissory estoppel- Doctrine that prevents a party from violating a promise when the other party has detrimentally relied on such a promise.
    • October 25 Midterm review: If terms of acceptance differ substantially from terms of offer, the way you know its 2-207 is that terms of acceptance differ from the terms of the offer

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    Contract Law Notes PDF

    Description

    Explore the essentials of Contract Law, including definitions, sources, and key theories. This quiz will help you understand the principles behind the enforceability of contracts and the implications of case law, such as Myer v. Uber Technologies.

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