Unjust Enrichment & Promissory Estoppel
This doctrine allows enforcement of a promise without consideration when reliance would otherwise cause injustice.
What is promissory estoppel?
Under the UCC, this is the minimum price threshold that triggers the Statute of Frauds for the sale of goods.
What is $500
This rule states that an acceptance becomes effective once properly dispatched, even if it never reaches the offeror.
What is the mailbox rule?
This Type of Law will apply when there is a sale of goods that are both tangible and moveable
What is the UCC
The common-law rule requiring that acceptance match the offer exactly.
What is the mirror image rule?
These are the two required elements for a claim of unjust enrichment.
What are enrichment and injustice?
These are the categories which fall under Statute of Frauds. (Name all of the categories, not just the abbreviation)
M-Marriage
Y- Year or Longer to Complete
L- Land
E- Executorship
G- Goods valued at $500 or more
S- Suretyship
A response that changes a material term of the offer under common law is treated as this.
What is a counteroffer?
This type of Law applies when there is a contract for services or the sale of land
This UCC provision rejects the mirror image rule and allows acceptances with additional or different terms.
What is UCC §2-207(1)?
These are the two types of people who can not recover under unjust enrichment
What are volunteers and officious intermeddlers?
This exception allows enforcement of an oral land transfer contract when the buyer’s conduct can only be explained by the existence of the agreement.
What is the part performance exception?
Under Restatement §26, these types of communications are not offers because further manifestation of assent is required.
What are Preliminary Negotiations?
When a contract involves multiple aspects, including both goods and services, you apply this test
What is the Predominant Purpose Test
Under UCC §2-207(2), additional terms between merchants become part of the contract unless these conditions apply.
What are:
(a) the offer limits acceptance,
(b) the terms materially alter it,
or (c) the offeror objects?
Under Restatement §90, a promise is binding only if injustice can be avoided by its enforcement and if this requirement is satisfied regarding the promisee’s conduct.
What is detrimental and reasonable reliance?
These are the three basic requirements of a writing under Restatement §131.
What are: identification of subject matter, indication a contract was made, and reasonably certain essential terms?
Under Restatement §45, beginning performance in a unilateral contract creates this type of secondary contract protecting the offeree from revocation.
What is an Option Contract?
This type of Law would apply when a bride hires a photographer for a wedding. The total cost is $1600. The equipment costs $400, and the photographer charges $1200 for their services.
What is Common Law?
When writings don’t form a contract under §2-207(1), but the parties act like there is one, §2-207(3) supplies only these terms.
What are the agreed upon terms + UCC Gap-fillers
A gardener accidentally mows the wrong lawn, and the homeowner watches without stopping him. The homeowner refuses to pay. Is the homeowner unjustly enriched?
Yes, Unjust enrichment applies
Under UCC §2-201(2), this occurs when a merchant receives a written confirmation and fails to object within 10 days.
What is the merchant’s confirmation exception?
Under Restatement §54, an offeree accepting by performance need not notify the offeror unless this condition is true.
What is when the offeror has no adequate means of learning of the performance?
This type of Law would apply when Homeowner contracts with Painter to come paint his house. Painter charges $100 for his services, and charges $875 for the materials needed. The total cost of the contract is $975
What is Common Law
This common-law doctrine holds that the final form exchanged before performance controls the contract’s terms.
What is the "last shot" rule?