Chapter 12 - Reality of Assent
The result of having two ships names Peerless
What is mutual mistake?
Admissible oral evidence when a written document is not the complete and final representation of the agreement
What is parol evidence?
In addition to losing the benefit of the bargain, a plaintiff may suffer other losses caused directly by a breach of contract
What are incidental damages?
What are the sources of law that interpret sales contracts
State common law, state statutory law, Uniform Commercial Code
The three warranties of quality that arise under the UCC
A false statement about a fact material to an agreement that the person who made the statement believed to be true
What is innocent misrepresentation?
Creating an integrated contract via a clause in a written agreement within the statute of frauds that states that the written agreement accurately reflects the final, complete version of the agreement
What is a merger clause?
Damages specified as a term of a contract, before a breach of contract occurs
What are liquidated damages?
The monetary value requiring written agreements for sales of goods contracts under UCC
What is $500 or more?
Implied warranty of merchantability
One person has taken advantage of her dominant position in a relationship to persuade the other person
What is undue influence?
A party to a contract transfers her duty to perform to a third party, yet the party is still liable for fulfillment of the contract
What is a delegation of obligations?
What remedy did the court grant in the Chapter 14 Case Opener, Sara Creek Property Company and Walgreens
What is an injunction?
Tangible things which are moveable at the time of identification to the contract for sale
What are goods?