Formation
What are the 2 main ways to form a K
Mutual Assent + Consideration & Promissory Estoppel
$500
Land
cannot preform one year
in writing... can be more than one needs QTPS
What are general damages?
Get-Give + Special - Cost/ losses avoided
What applies to PER?
Oral before or during
Writing before
What are the orders of performance?
Date/Time
At same time
Work before pay
Logical
What are Bilateral and Unilateral Ks & Which is the DEFAULT? For 100 extra points when someone starts performance what is created?
Bilateral = Promise for promise (Default)
Unilateral = Promise for promise
Starting Performance creates an option contract
What is Duress both traditional and economic?
Traditional is
1) Wrongful act (Threat of harm or locking you up)
2) precludes free will
Economic
1) Threat of breach
2) No legal Remedy
3) No feasible alternative
what are the types of special damages? For an extra 200 points if you get this wrong you lose 200 points (Do you want to answer or the other team) What is the one type to be worried about and why
Incidental
Consequential
Reliance- Make sure this is not calculated in general already or you will be F'ed
types of ambiguity
Patent
latent
Something not certain to occur which must occur to induce
Made by parties
Dates alone do not prove this
on the condition of subject to
Perfect performance
What are the Five main things that do not count as consideration?
Nominal
Moral/Past
Pre-existing duty
Like-kind
Illusory Promise
What defense voids contracts and what is the exception? IF YOU GET THIS Wrong you lose 300 points.
Illegality- Licenses for Money
What is restitution
Unjust enrichment.
50 50 shot here true or false Does a merger clause make a document fully integrated in the O'Corbin jurisdiction?
false
Gimme What is the default type of condition?
Constructed
What are the ways to terminate manner of acceptance?
Rejection
Revocation
Lapse
Death
Counter offer
Nonoccurrence
1) mistake by both parties at time of K
2) about the basic assumption of the facts
3) which has a material effect on K
4) Assumption of risk
What are the limitations of damages?
Avoidability
Foreseeability
Certainty
1) Course of Dealing
2) Course of Performance
3) Negotiations
4) Trade usages
5) Interpret to Make K reasonable
6) Interpret to reconcile inconsistencies
7) Contra Proferentem
How do you determine if the breach is Material? I know this question is hard and only worth 400
Adequate compensation
Forfeiture
Likelihood of cure
Good faith
When do ads become an offer?
When all QTPS are a counted for or can reasonable be remedied by a court.
What is incapacity and what are the rules for each type? This question is worth 500 points so be specific. Also what are the exceptions?
Mental illness- Must not be able to understand substance and ramifications of K
Other does not need to know
Youth- until day before 18 can void contracts within a reasonable time of turning 18
other does not need to know
Drunk- Other reasonable needs to know
Necessities are binding.
What are the reasons to refuse and accept Specific performance? and yes this question is hard.
(a) the contract was induced by mistake or by unfair practices,
(b) the relief would cause unreasonable hardship or loss to the party in breach or to third persons, or
(c) the exchange is grossly inadequate or the terms of the contract are otherwise unfair.
Uncertainty
Unique
Uncollectible
walk me through PER top to Bottom... Remember 500 points the law is a precise endeavor
For another 200 what is the point of PER?
1) Does PER Apply?
2) Is it fully integrated?
Williston
Corbin
3) If Fully your done cant add anything
4) If Partial add Consistent things not contradictory.
the party introducing the term wants to be able to sue for breach of contract based on that term.
What all excuses a condition and what are the rule for them?
WAIVER
An intentional relinquishment of a known right
ESTOPPEL
Misleading conduct or statements that induce other party to assume a condition will not be enforced
PREVENTION/BAD FAITH
Taking actions that impede the occurrence of a condition or performance of a duty