Contracts Final Law Scholar Review

Restatements

100

• For a service contract, what are the requirements to manifest mutual assent?

• What is, R2 18, manifestation of mutual assent to an exchange requires that each party either makes a promise or begin or render a performance

200

• For a service contract, when does a mistake of both parties make a contract voidable?

• What is, R2 152, where a mistake of both parties at the time a contract was made as to a basic assumption on which the contract was made has a material effect on the agreed exchange of performances, the contract is voidable by the adversely affected party unless he bears the risk of the mistake under the rule sated in R2 154.

300

• In a service contract, when does duress by a threat make a contract voidable?

• What is, R2 175 states that if a party’s manifestation of assent is induced by an improper threat by the other party that leaves the victim no reasonable alternative then the contract is voidable by the victim.

400

• In a services contract, what is an integrated agreement and who determines if there is an integrated agreement?

What is, 

• R2 209(a), an integrated agreement is a writing or writings constituting a final expression of one or more terms of an agreement
• R2 209(b), whether there is an integrated agreement is to be determined by the court

500

• In a services contract, how may a party’s restitution interest be measured?

What is,

• R2 371, as justice requires, measured either by the reasonable value to the other party of what he received in terms of what it would have cost him to obtain it from a person in the claimant’s position, or, the extent to which the other party’s property has been increased in value or his other interests advanced.

UCC

100

• For a contract for goods, is there a provision that allows for additional provisions outside the UCC to be used to supplement the UCC provisions?

What is,

• Yes, UCC 1-103(b) allows for the principles of law and equity to supplement the UCC provisions that aren’t displaced by the UCC.

200

• How is good faith defined in a contract for the sale of goods?

What is

• UCC 1-201(20) defines good faith as honesty in fact and the observance of reasonable commercial standards of fair dealing.

300

• How is an offer defined for a contract for a sale of good?

What is

• UCC 2-206, an offer to make a contract shall be construed as inviting acceptance in any manner and by any medium reasonable in the circumstances.

400

• What UCC provision(s) provide for the seller and buyer’s damages when non-acceptance or repudiation occurs?

What is

• UCC 2-708 provide for the seller’s damages for non-acceptance or repudiation
• UCC 2-713 provide for a buyer’s damages for non-delivery or repudiation

500

• When material misrepresentation or fraud is present in a contract for the sale of goods, what remedies are available in the UCC?

What is

• UCC 2-721, remedies for material misrepresentation or fraud include all remedies available under Article 2 of the UCC for non-fraudulent breach.

One Word Answers

100

• In a service contract, unless an offer provides otherwise, an acceptance made in a _____ and by a _____ invited by an offer is operative and completes the manifestation of mutual assent as soon as put out of the offeree’s possession.

What is

• R2 63, manner and medium

200

• A person who improves the real or personal property of another, acting by mistake, has a claim in _____ as necessary to prevent unjust enrichment.

What is

• R3 Restitution and Unjust Enrichment 10, restitution

300

• In a service contract, to constitute consideration, a performance or a return promise must be _______?

What is

• R2 71, bargained for

400

• A ____ is an assertion that is not in accord with the facts?

What is

• R2 159, misrepresentation

500

In a services contract, a statement by the obligor to the oblige indicating that the obligor will commit a breach that would of itself give the claim for damages for total breach is a _______?

What is

• R2 250, repudiation

Any Supplement

100

A transfer induced by duress is subject to rescission and restitution. The transferee is liable in restitution as necessary to avoid ______ ________.

What is

• R3 Restitution and Unjust Enrichment 14, unjust enrichment

200

• Can parol evidence be used in a contract for a sale of goods?

What is

• Yes, UCC 2-202 allows for parol or extrinsic evidence to be used to ascertain the intentions of the parties.

300

• For a contract for the sale of goods, what type of damages can a buyer seek for a seller’s breach?

What is

• UCC 2-715, a buyer may seek Incidental and Consequential Damages.

400

• Under the restatement third of contracts, restitution and unjust enrichment, a person who renders performance under a contracts that is subject to avoidance by reason of mistake or supervening change of circumstances has a claim in ____ to recover the performance or its value as ____ to prevent unjust enrichment.

What is

• R3 Restitution and Unjust Enrichment 34, restitution and necessary

500

What are the 3 types of interests judicial remedies for a service contract serve to protect?

What is

• R2 344, expectation, reliance and restitution interests.

Random

100

• Is there a remedy for specific performance found in both the restatement second of contracts and the UCC?

What is

• Yes, R2 307 and UCC 2-716

200

• In 2020, during the height of COVID, if a contract was made impracticable due to domestic order, what would be the best supplemental source to argue that the contract performance can be discharged?

What is

• R2 264, prevention by government regulation or order

300

• For a contract, are there provisions in both the UCC and Restatement 2nd of Contracts that provide the statute of frauds that must be met?

What is

• There are provisions in both the UCC and R2, UCC 2-201 and R2 110 cover the statute of frauds.

400

In a services contract, what actions may a court take if there the contract or term is unconscionable at the time the contract is made?

What is

• R2 208, a court may refuse to enforce the contract, or may enforce the remainder of the contract without the unconscionable term or limit the application to avoid any unconscionable result.

500

• In a services contract, what are the effects of the non-occurrence of a condition?

What is

• R2 225, there are 3 effects listed in the restatement. First, performance of a duty subject to a condition cannot become due unless the condition occurs or its non-occurrence is excused. Second, unless it has been excused, the non-occurrence of a condition discharges the duty when the condition can no longer occur. Third, non-occurrence of a condition is not a breach by a party unless he is under a duty that the condition occur.