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Intro to Ks
Intro 2
Potpourri
Agreement
Agreement 2
100
Agreement, Consideration, Contractual Capacity, and Lawful Object.
What are the elements of a contract?
100
A compilation of contract law completed by the American Law Institute agreed to by the drafters.
What is Restatement of the Law on Contracts
100

A buyer purchases machinery ‘AS IS’ under a sales contract where the disclaimer is printed in bold, capital letters on the front page. When the machine later fails, the buyer claims breach of the implied warranty of merchantability. This UCC doctrine explains why the seller’s conspicuous ‘AS IS’ clause effectively eliminates implied warranties.

What is a valid disclaimer of warranties under UCC § 2-316?

100
The manifestation by two or more persons of the substance of a contract.
What is an agreement?
100
The rule that states the offeree must accept the terms as stated in the offer.
What is the Mirror Image Rule?
200
The party to whom the offer is made.
Who is the offeree?
200
The theory that holds that the intent to enter into an express or implied contract is judged by the reasonable third person standard.
What is the objective theory of contracts?
200
A contract where at least one party has the option to avoid his or her contractual obligations.
What is a voidable contract?
200
The manifestation of the willingness to enter into a bargain, so made as to justify another person in understanding that his assent to that bargain is invited and will conclude it.
What is an offer?
200
The rule that states that acceptance occurs when the offeree dispatches the acceptance by an authorized means of communication.
What is the Mailbox Rule or Acceptance-Upon-Dispatch Rule?
300
The party who makes the offer.
Who is the offeror?
300
A contract that contains the offeror's promise answered by the offeree's promise of acceptance (a promise for a promise).
What is a bilateral contract?
300
A contract that requires a special form or method to create.
What is a formal contract?
300
A term in a contract that can reasonably be supplied by a court.
What is an implied term?
300
Destruction of the subject matter, death or incapacity of the offeror or offeree, supervening illegality, and lapse of time.
What are ways offers can terminated by operation of law?
400
When a party fails to perform a contract, the other party may call on the courts to enforce the contract.
What is a legally enforceable contract?
400
A contract that can only be accepted by the offeree's performance of an act.
What is a unilateral contract?
400

This doctrine bars evidence of prior or contemporaneous agreements that contradict a final writing—but still allows exceptions for fraud, ambiguity, conditions precedent, and collateral agreements.

What is the parol evidence rule?

400
When an offer is withdrawn by the offeror before acceptance by the offeree.
What is a revocation?
400
Terms of an offer must be __________ so that the agreement between the parties can be determined.
What is definite?
500
One of two major sources of contract law, developed by early court decisions that became precedent for later decisions.
What is the common law of contracts?
500
A contract implied from the conduct of the parties.
What is an implied in fact contract?
500

Under the UCC, this seller’s right allows a nonconforming tender to be corrected before the contract deadline, as long as the seller seasonably notifies the buyer and makes a proper delivery on tim

What is the automatic right to cure-seller's right to cure?

500
When an offer is terminated because the offeree turned it down.
What is a rejection?
500

This contract interpretation canon limits general terms to items of the same kind as those specifically listed—explaining why ‘other hand tools’ did not include antique woodworking tools.

What is Ejusdem Generis?