No categories as you need to know everything! :)
What are the two types of mistakes:
Mutual and Unilateral Mistake
Three Levels of Capacity and Incapacity to Contract:
1) Full capacity to contract 2) Partial (or limited) capacity to contract 3) Total incapacity to contract
When is it unjust to not pay for a service that has been provided:
It is unjust to not pay for a service that has been provided when (1) the actions of the person providing the benefit were not officious and (2) a reasonable person in the position of the recipient would believe the benefit was provided with an expectation of compensation.
What do "doctrine" do you look to when there is a misunderstanding between parties to a contract?
When there is a misunderstanding between the parties, the objective theory of contract determines whether a contract formed. The objective theory focuses on what each party said and did, and not on what either party intended but did not disclose.
What is the plain meaning or four corners rule?
The court cannot consider any extrinsic evidence when determining if a provision is ambiguous. Thus, under this approach ambiguity is determined from a review of the document alone (the document's four corners).
What are the 6 Categories Covered by the statute of frauds?
"MYLEGS"
M=Marriage ; Y=Year; L=Land; E=Executor/Administrator; G=Goods S=Suretyship
Exceptions to the Statute of Frauds:
part-performance doctrine for land-sale contracts, equitable estoppel, promissory estoppel, and quasi-contract.
Elements of a claim for quasi-contract:
1: The defendant has been enriched; 2:By the plaintiff, and; 3:It would be unjust for the defendant to not pay the plaintiff for the benefit received.
Elements of an offer:
1: The offeror's manifestation of willingness to enter into a bargain; 2:The offeree would be justified in understanding her assent is invited and will conclude the bargain without a further manifestation from the offeror; and; 3:The offer's terms are reasonably certain.
What is the context rule for determining a contract provision or term?
The court typically considers any relevant evidence, including extrinsic evidence, to determine whether a contract word or provision is ambiguous.
A recipient is justified in relying on a misrepresentation of opinion only in the following limited circumstances:
1: if the recipient has a relationship of trust and confidence with the misrepresenting party;2: if the misrepresenting person has special skill or judgment with respect to the subject matter, or; 3: if the recipient is particularly susceptible because of a lack of intelligence, illiteracy, or unusual credulity or gullibility.
Elements of mental infirmity and when a person has the power of avoidance due to mental infirmity if"
When entering into the contract: 1) the person has a mental illness and 2) because of the mental illness he or she is unable to understand in a reasonable manner the transaction's nature and consequences.
Elements of a claim for promissory estoppel:
1: a promise; 2:The promisor should reasonably have expected the promisee to detrimentally rely on the promise; 3:The promisee in fact detrimentally relied on the promise in the manner that should have been expected; 4:A breach of the promise; and; 5:Injustice can be avoided only by enforcing the promise.
Elements of Disproportionate-Forfeiture Doctrine:
1)A failure to excuse the nonoccurrence of the condition would cause disproportionate forfeiture; and; 2)The condition was not a material part of the agreed exchange.
When will the nonoccurrence of a condition be excused?
1) Exercising the power to cancel the contract; 2)Breach of duty to cooperate/prevention doctrine; 3)Waiver; 4)Estoppel (both promissory and equitable); 5)Impracticability; 6)Disproportionate forfeiture
When does a party have the power of avoidance in contracts?
A party has the power of avoidance in five situations: 1: lack of full capacity to contract; 2: mistake; 3: misrepresentation; 4:duress; 5:undue influence
Elements of Misrepresentation:
A party has the power of avoidance due to misrepresentation when: 1) the other party or a third party makes a misrepresentation to the party; 2) the misrepresentation is either fraudulent or material; 3) the misrepresentation induces the party's assent to the contract; 4) the party is justified in relying on the misrepresentation; and 5) if the misrepresentation was made by a third party, the other party, at the time of contract formation, knew or had reason to know of the misrepresentation.
Elements for a claim of breach of contract:
1: the formation of a contract; 2: a breach of the contract
What is the perfect tender rule and what types of contracts does it apply to?
Applies to the UCC, a buyer, acting in good faith, can reject any goods under a sale-of-goods contract (other than an installment contract) if the goods or the tender of delivery fail in any respect to conform to the contract and the buyer exercised the power to reject the goods within a reasonable time after delivery.
Describe course of performance, course of dealing, and usage of trade:
Course of performance is the way the parties applied the term during their performance of the contract and requires that the performance be part of the same contract. Course of dealing is how the parties applied the same or a similar term in prior transactions between them and are limited to prior transactions between the same parties to the contract. Usage of trade is how the term is customarily applied in the industry.
Steps to approach a Statute of Fraud's Question
1. Is the contract "within" one of the six classes of contracts covered by the Statute of Frauds? (If yes, go to no. If no, the defense fails.
2. Is the contract evidenced by a sufficient writing? If yes, the defense fails. If no, go on to 3.
3. Is there an applicable exception to the Statute of Frauds writing requirement? If yes, the defense fails, If no, the defense succeeds and the contract is unenforcable.
Elements of mutual mistake:
A party has the power of avoidance due to mutual mistake when: 1) both parties, at the time of contract formation, made a mistake about the same fact;2) the fact's existence was a basic assumption on which the contract was made; 3) the mistake has a materially adverse effect on the party; and 4) the adversely-affected party should not bear the risk of the mistake.
Examples of manifesting intent for a contract to NOT be legally binding:
1: an express agreement that the deal is not legally binding; 2:typical social engagements; 3:typical domestic arrangements; 4:a politician's campaign promise
What is the Parol evidence rule:
A totally integrated agreement discharges a prior or contemporaneous agreement or promise excluded from the integration, as long as it is within the totally integrated agreement's scope. A partially integrated agreement discharges a prior or contemporaneous agreement or promise excluded from the integration if it contradicts the partially integrated agreement.
Factors to consider when deciding if an advertisement is an offer:
1: Whether it includes language of commitment; 2:Whether it is clear, definite, and explicit (including the details of the item or service to be provided); 3:Whether it leaves nothing open for negotiation; 4:Whether it specifies the manner of acceptance.; 5:Whether it includes a limitation on the quantity available.