Breach of K

What are the policies and purposes behind Breach of K?

Formation requires...

Bilateral Contract

Unilateral Contract

How is Mutual Assent analyzed?

3 Reasons to use the objective test for mutual assent

Define a promise.

When does the UCC apply?

What does Predominant Thrust apply to?

What are the three Coakley Factors?

What is the UCC analysis when approaching a problem?

What is ProCD?

What are the three major types of electronic contracting?

What is Boilerplate and it's problems?

What are the three way for mutual assent to occur?

What is the UCC standard for conduct?

What is Battle of the Forms?

Define offer.

True or False: Advertisements are usually considered offers.

What three elements does an offer have?

What is the courts method of analysis when looking for the offer?

What is the UCC specific standards for offers?

Define acceptance.

What are the three common law rules for offer?

What is the UCC specific acceptance standard?

In what ways does the UCC combat CL for acceptance?

What is the three steps of analysis for offer and acceptance?

What four ways can the power to accept end?

What two ways can revocation by the offeror occur?

What are the three grounds for irrevocability?

What are the three elements of an Option Contract?

What are the three elements for a Firm Offer?

What is the modern approach to consideration?

What was the classic method to consideration?

What are the three policy theories for consideration?

What are the three reasons for a formality doctrine?

What does interpretation and construction analysis ask?

What is the difference between interpretation and construction?

What are the three tests for interpretation?

What is the reasonable expectations doctrine limited to?

What four things do we look at for interpretation?

What is Parol Evidence?

What are the two types of integration?

What are the two different court approaches for determining the integration of a K?

What is the rules for inadmissibility of parol evidence?

What is the Kar test for breach of duty of good faith an fair dealings?

What is the historic view of warranties?

List the four types of warranties.

Define Express Warranty.

Define Implied Warranty of Merchantability.

Define Implied Warranty of fitness for Particular Purpose.

What are the two rules regarding implied duties?

Define Implied Warranty of Habitability/workmanlike Construction.

What is the rule for Performance and Breach?

What are the 6 justifications for Non-Performance?

What actions can you take when there has been a prior partial breach?

What actions can be taken for prior material breach?

What actions can be taken for a prior total breach?

What actions can be taken when there is anticipatory repudiation?

What must the reason to anticipate a breach be?

What actions from a plaintiff will make a defendant's retraction of an anticipatory breach null?

What actions can be taken when there is reasonable grounds for insecurity?

What are the two types of condition?

When will an obligation still be present even though an express condition did not occur?

What are the two types of defenses?

What are the 7 procedural defenses?

What are the two types of mental incapacity?

What are the four elements of Duress?

Define undue influence.

What are the seven factors that can point to undue influence?

True or False: Undue influence is never innocent.

Misrepresentation and non-disclosure can be brought under what two legal claims?

What are the 7 factors for a Misrepresentation Tort Fraud Claim?

Misrepresentations and non disclosure is usually a matter of FACT. However, what is the Opinion General Rule exception?

What are the five factors for bringing a Misrepresentation Contract Claim?

In what four ways is a duty to disclose established?

What are the seven requirements for bringing a Non-Disclosure Tort Fraud Claim?

What are the six requirements for bringing a Non-Disclosure Contract Claim?

What requirement and functions does the Statute of Frauds serve?

What are the six types of contracts that fall under the Statute of Frauds?

What are the three requirements for a suretyship provision?

How does a K meet the requirements for the Statute of Frauds?

What are the exceptions to the SOF?

Under §139 for exception to the SOF, what five areas do you analyze to determine whether or not injustice can be avoided only by enforcement?

What is the difference between promissory estoppel and the §139 Statute of Frauds exception?

What are the relevant formality requirements for a UCC analysis of the Statute of Frauds?

What are the UCC exceptions to the Statute of Frauds?

What is the substantive defense?

What is the rule for a Public Policy substantive defense?

What three things do you look at for weighing the interest in enforcement for a Public Policy defense?

Under the analysis for a public policy defense, when looking at the special public interests what four things do you look at?

Under a public policy defense, what is the licensing requirements found in §188?

What are the two elements of Unconscionability?

What are the five types of remedies that can be sought?

What are the damages for a breach of contract?

What is the last resort remedy for a breach of K?

Expectation damages =

What are the four factors that must be weighed when determining other loss, cost avoided, and loss avoided?

What is the rule for specific performance?

What is the unique circumstance that would require specific performance as a remedy?

What are the special circumstances that would require specific performance as a remedy?

What are liquidated damages and how does the court treat them?