Defensive Moves
Too young and unwise
What is infancy?
If a merchant puts this in writing, it must be held open
What is a firm offer? UCC 2-205
When you procure substitute goods
What is cover?
We both thought the painting was a Picasso, and it turns out it is a forgery by Micasso. Now I want my money back.
What is mutual mistake?
Sellers cannot recover these but Buyers can under the UCC
What are consequential damages?
High as a Georgia Pine
What is intoxication?
This rule applies to the sale of goods over $500
What is the statute of frauds?
When widow Kirksey trailed across the state to homestead, she would have gotten these type of damages in the absence of a bargain
What is reliance?
You sent me an email to accept my offer of employment. It was sent to my spam folder. Acceptance is effective because of this rule
What is the mailbox rule?
Lady Duff had to honor her contract to her agent because of this term the court read into the contract.
What is the implied duty of good faith?
This can sometimes involve companies who try to negotiate when their counterpart is over a barrel and has no choice.
What is duress?
This type of warranty can be created when you ask the Home Depot salesperson to give you a lawnmower to cut hair.
What is Implied Warranty of Fitness for a Particular Purpose? UCC 2-315
In the Hairy Hand Case, this was the formula used to calculate damages
What is the value "As Warranted" minus the value "As Is"?
The acceptance needs to be the same as the offer.
What is the mirror image rule?
If a contract for sale of goods is silent on things like place and time of delivery or price, the court will supply these terms.
What are gap fillers?
This has both a procedural and a substantive element
What is unconscionability
When Madison delivers only 99 out of 100 basketballs to Sabrina, she is breach because of this rule
What is perfect tender? UCC 2-601
When Charles and Medline eats at the buffet but do not know the price, the court might make him pay based on this measure
What is restitution?
I had reserved a room and a tour package to see the Olympic Games in Japan but the government has now cancelled the tournament because of the pandemic. I would like to cancel my trip because of this doctrine.
What is frustration of purpose?
If Santos keep delivering donuts to Gabrielle's cafe and throws them at her and she catches them with a baseball mitt in order to accept delivery, this becomes part of their contract even though not a written term.
What is a course of performance?
Even if I don't speak, I might still engage in this when I dont tell you about cockroaches in my house
What is misrepresentation?
A Seller who resells goods has to provide this to the buyer
What is notice? UCC 2-706
Shirley McClaine did not accept the substitute role and the film studio claimed she had failed to do this.
What is failure to mitigate?
Roberta and Zachery call Professor Calo and tells him they are not going to rake his yard on Saturday as previously agreed since they have too much studying to do.
What is repudiation?
I sold a car to Grace and at the closing I also agreed to sell her my fuzzy dice but we only agree to that in a conversation. My lawyer says that should be enforceable as what type of provision.
What are consistent additional terms?