UCC
What does the UCC examine
the sale of goods
Elements of a contract
Offer, consideration, and acceptance
A promisee must rely on the promise to their what?
to their det
Is quasi the first choice when suing over a contract dispute?
No it is the last resort
In a traditional contract is a change of term rejection?
Yes. Once you want to change something it is a rejection of the original terms.
Does the UCC supersede the restatement?
Yes
What type of punitive damages are there?
Type of damages?
Justice
Elements of Quasi
1. a promisee needs to benefit one side
2. the benefit must be appreciated by an objective standard
3. the other party must know the benefit is happening
Big 5 for UCC
1. Elimination of arbitration
2. Choice of forum
3. Reduce remedies
4. Choice of law
5. Reduce warranty
Without prior dealings when is the UCC unenforceable?
when there is no quantity listed
Luca buys a car from Omar for $1,000. They exchange the title of the car for the money. What type of contract is this?
Bilateral
When should promissory be used?
Types of damages
Quantum Meruit (the reasonable value of the service)
Restitution for the full value
What is the mailbox rule?
If the form of acceptance is slower than the form of delivery. It is accepted once the money is received.
If the form is faster then it is immediately accepted.
Does the UCC use the good faith and honesty in fact test?
Yes they both still apply in the UCC
What are the types of damages?
Expectation, reliance, restitution, disgorgement/ nominal, and specific performance
Elements of promissory estoppel
1. the promisor should reasonably expect the promisee will do the action
2. the promisee does do the action
3. binding if injustice can be avoided only by enforcement of the promise
4. remedy is up to the court based on breach on contract
What is the standard used to evaluate the appreciated benefit?
Objective test unless other wise stated
True or false one who signs even if they don't know what they are signing is still bound?
True. Still bound once you sign if absent of fraud
Does real estate have specific performance?
Yes real estate is considered unique
Is a traditional contract a contract in fact or law?
Contract in fact
Luca's grandpa told him he would give him $100 if he stopped playing video games for a week. The grandpa did not pay up but is paying for his rent and living expenses.
Can promissory be used?
Is quasi a contract in law or fact?
Contract in law
What is the last shot rule?
Whoever sent the last response won. Their changes will occur