In general
What summarizes common law principles of contracts? (Hint: It is a title)
What are the Restatements?
What is the manifestation of willingness to enter into a bargain that invites the power of acceptance?
What is an offer?
What kind of mutual assent is required for the enforcement of a contract?
What is objective assent?
What are the ways the power of acceptance dies?
What is offer revocation, counter-offer, time-lapse, or the death/incapacity of either party? (Bonus: Dickinson v. Dodds: Power to accept dies when the offeror takes actions inconsistent with being bound to a proposed agreement.
What happens when a seller sends a non-conforming shipment of goods without an accommodation?
What is an acceptance and a breach?
What body of law governs the sale of goods?
What is the Uniform Commercial Code?
An advertisement for the sale of a one-of-kind vintage Oscar de la Renta dress was put on instagram on the Oscar de la Renta account. Is this a valid contract offer?
What is likely no? An advertisement is generally not a valid offer because there was not a limited class of people who could accept?
Amanda and Emily have been negotiating for the contract of Amanda's grooming services of Emily's ugly little rat dog. Amanda has told her friend, Anna, that she would never groom such an ugly little dog. However, when Emily asked Amanda if she would do it, Amanda said yes. Little did Amanda know, Emily told her friend Quynh that Amanda's grooming services stayed looking chopped. What is the result?
What is a contract? There is an enforceable contract because based on their objective actions, they manifested an offer and acceptance despite their subjective feelings. (Tough for the little rat dog and Amanda's chopped grooming skills)
How can you make an option contract?
What is a signed writing by the offeror that contains the consideration for the offer and proposes an exchange on fair terms within a reasonable time.
What are the three ways you can e-assent?
What is (1) user actually clicks I agree; (2) user on actual notice; (3) constructive notice by website design.
Define Merchant under the UCC.
What is a person dealing in goods of the kind or by occupation holds themselves as having knowledge/skill specific to the practice/goods in the transaction.
Amanda told Anna she would maybe be willing to sell her beat up car to her for scrap parts and Anna said she would take it. Did Amanda make an offer?
What is likely no? Amanda just showed that she was willing to bargain, not that she was ready to make an offer. However, since Anna appears interested, it is likely that either Amanda or Anna could make an offer for the car after.
What happens when an offer does not have a determined price or timing term?
What is fails mutual assent? A court will only enforce a contract that has a basis for breach and has a certain remedy.
How do you make a firm offer?
What is a signed writing by a merchant that assures the offeree that they will not revoke the offer for a reasonable time not to exceed 3 months. (You still have to revoke after 3 months!)
What is an implied-in-fact contract?
What is a kind of contract where mutual promises are inferred from conduct?
When both goods and non-goods are in a contract, how do you determine what law will apply?
What is the nature of the contract approach?
Under which authority is a contract made in any way to show sufficient agreement, even if the time of contract formation is undetermined and there are gaps in terms, besides quantity and there is a reasoanebl basis for remedy?
What is the Uniform Commercial Code?
Under common law, what does an open/uncertain term indicate to the court?
What is "indicates that a manifestation of intent is not meant to be understood as offer or acceptance."
Acceptance has to mirror terms of offer and manifest assent to those terms.
What is the mirror image rule?
How can an offeree accept a unilateral contract?
What is either by a promise to perform or by performing?
Hypo: If goods only take up around 35% of a contract and the remainder focuses on 65% nongoods, what laws apply?
If a pact is made "subject to" a later agreement, is there a valid contract?
What is no? Making a pact "subject to" a later agreement shows an objective intent not to be bound.
Quynh and Anna are looking to make a contract for the sale of Anna's land in late December. Quynh offers Anna payment of the home for the end of January. Can Anna assent?
What is likely no? Anna was given an offer with an open price term, which may indicate to the court that Quynh did not yet intend to be bound.
Herb normally ships butterfly hair clips to Gale every 3rd monday of the month without issue. On the 4th Monday of the month, which is the time Herb receives payment from Gale for the clips, no money came through. Normally, Gale lets Herb know after 4 days that the clips, if any, are non-conforming. Herb brings suit for breach of contract. What is the outcome?
What is damages awarded to Herb. Herb properly construed Gale's silence as acceptance because their course of dealings indicated that there was nothing wrong with the clips.
What is the effect of beginning performance for a unilateral contract?
The creation of an irrevocable-option contract, but the offeror's duties are contingent on complete performance.