Contracts Outline
Contracts Review
Common law majority Rule
UCC Article 1 & 2 (transaction in goods)- usually same as majority common law except in a few areas
Significant minority rules- will be on test and are there to fool you. DO NOT CHOOSE!
34 Contracts MCQ * 60% Offer and Acceptance (6-8 Qs), Conditions (6-8Qs) and Remedies- UCC and Common law (6-8 Qs) * 40% - 1-2Qs on the following areas * Consideration * 3rd party beneficiaries * Assignments and delegations * Statute of Frauds * Parol Evidence Rule * Discharge of Duties- Impossibility, frustration * ¼ of contract Qs will deal with UCC (sales and transactions of goods)
Understand terminology
Offeree, offeror, promisee, promissor, assignor, assignee , etc.
Types of Contracts * Express: formed by statements of the parties- say or write promises that form contract * Implied: * Implied in fact (implied): Requires conduct of one or both of the parties to form contract. Contractor goes to wrong house and redoes driveway. Owner watches. Contractor submits bill to owner and owner states they did not ask for it to be done. But because of conduct (owner not stopping) contract was formed. (Ex: Woman brings older daughter to dance, teacher and mom allow younger daughter to dance with them every day—implied in fact contract mother liable to pay for younger daughter) * Implied in law: really not a contract at all, but when one person confers a benefit on another, in order to avoid unjust enrichment to the person who received the benefit the law may imply the right to recover a reasonable value of that benefit in Quasi-contract. (ex: Dr who treats injured victim along road. Victim recovers and nothing was ever said about paying the dr. Bec the victim was enriched by Dr’s actions the law may imply a contract so the Dr can recover) * Bilateral: formed by promises only. One party promises one party to perform an obligation the other party promises to
Common law majority Rule
UCC Article 1 & 2 (transaction in goods)- usually same as majority common law except in a few areas
Significant minority rules- will be on test and are there to fool you. DO NOT CHOOSE!
34 Contracts MCQ * 60% Offer and Acceptance (6-8 Qs), Conditions (6-8Qs) and Remedies- UCC and Common law (6-8 Qs) * 40% - 1-2Qs on the following areas * Consideration * 3rd party beneficiaries * Assignments and delegations * Statute of Frauds * Parol Evidence Rule * Discharge of Duties- Impossibility, frustration * ¼ of contract Qs will deal with UCC (sales and transactions of goods)
Understand terminology
Offeree, offeror, promisee, promissor, assignor, assignee , etc.
Types of Contracts * Express: formed by statements of the parties- say or write promises that form contract * Implied: * Implied in fact (implied): Requires conduct of one or both of the parties to form contract. Contractor goes to wrong house and redoes driveway. Owner watches. Contractor submits bill to owner and owner states they did not ask for it to be done. But because of conduct (owner not stopping) contract was formed. (Ex: Woman brings older daughter to dance, teacher and mom allow younger daughter to dance with them every day—implied in fact contract mother liable to pay for younger daughter) * Implied in law: really not a contract at all, but when one person confers a benefit on another, in order to avoid unjust enrichment to the person who received the benefit the law may imply the right to recover a reasonable value of that benefit in Quasi-contract. (ex: Dr who treats injured victim along road. Victim recovers and nothing was ever said about paying the dr. Bec the victim was enriched by Dr’s actions the law may imply a contract so the Dr can recover) * Bilateral: formed by promises only. One party promises one party to perform an obligation the other party promises to