Who done it?
What is it?
Suck it
ELEMENTS
The return of what is it
100
The person who manifests intention
What is promissor
100
A contract in which only one party makes a promise or undertakes a performance
What is a unilateral contract
100
A type of promise that cannot be made if the promisor knows at the time of the making of the promise that the condition can't occur
What is a conditional promise, which is an exception to consideration
100
A performance may consist of (3 things)
What is An act other than a promise, A forbearance- refraining from something that one has a legal right to do. The creation, modification or destruction of a legal relation??
100
A separate body of law, not based in tort or contract law, which is concerned with unjust enrichment of the defendant.
What is Restitution aka unjust enrichment
200
The person to whom a manifestation is addressed
What is the promissee
200
A manifestation of intention to act or refrain from acting in a specified way so made as to justify a promisee in understanding that a commitment has been made
What is a promise
200
For a promise to be supported to by consideration, there must be a benefit to the promisor, or a detriment to the promisee, for each promise.
What is Benefit Detriment Test
200
Material Benefit (4 elements)
What is Act which conferred a material benefit Act was not gratuitous in intent A reasonable person receiving that benefit would feel obligated to reimburse. A promise was subsequently made to reimburse.
200
If the agreed upon terms did not mirror one another, there was no contract
What is the mirror image rule
300
The person responsible for managing the affairs of a deceased person or if you dont like this question... The person who has written an executed a last will and testament
Who is an executor/ executrix Who is testator/ testatrix
300
A manifestation of mutual assent on the part of two or more persons
What is an agreement
300
When one person confers a benefit to another, and the beneficiary later promises to repay that benefit.
What is Material Benefit Rule
300
Restitution (3 elements)
What is Plaintiff confers a pecuniary benefit Plaintiff is not a good Samaritan, not making a gift or an officious intermeddler Defendant had no claim of right to the benefit.
300
Requires certain classes of contracts to be in writing and signed by the party against whom enforcement is sought
What is Statute of Frauds
400
Those whose services are protected under the UCC
What is merchant and non merchants for the sale of goods
400
An agreement to exchange promises or to exchange a promise for a performance or to exchange performances
What is a bargain
400
UCC's way of handling different vs. additional terms Explain each
What is "Knock-Out" Rule Discrepant terms fall out and are replaced by default terms Majority rule "Drop-Out" Rule Discrepant terms in the acceptance are ignored Minority rule "California" Rule Additional terms are treated the same as different terms Only used in CA
400
Promissory Estoppel (5 elements
What is Promisor makes a promise to the promisee to induce an action or forbearance The promisor should reasonably foresee that the promise will be relied upon by the promisee The promisee does rely on the promise As a result of relying on the promise, the promisee suffers a detriment Not enforcing the promise would result in injustice
400
a contractual obligation to keep an offer open for a specified period, so that the offeror cannot revoke the offer during that period Or: The offeree has bought or paid for the offeror's right to revoke for a limited period of time
What is an option contract
500
What are the four types of people who cannot be bound by a contract
Who are: Those under guardianship Minors Mentally ill person Intoxicated persons
500
Something of value given by both parties to a contract that induces them to enter into the agreement to exchange mutual performances.
What is consideration
500
Contracts covered by the statute of frauds in the UCC
What is A contract for the sale of goods of $500 or more A contract for the sale of personal property to the extent of enforcement by way of action or defense beyond $5,000 A lease of goods in the total amount of $1,000 or more An agreement which creates a security interest in personal property if it is not in possession of the secured property
500
Methods of termination
What is Rejection or counteroffer by the offeree Lapse of Time Revocation by the offeror
500
A principle that a promise that not supported by consideration can be enforced if not enforcing the promise would result in injustice, due to a reliance on the promise by the promisee which resulted in a detriment.
What is promissory estoppel
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