IS THERE A VALID CONTRACT
1) Was a Contract Formed?
2) Is the Contract Validly Enforceable?
4. In Writing
Contract is Void
Contract is Voidable
Making an Offer
Methods of Acceptance
Rule: Must have bargained for exchange.
may be an exchange of promises.
Illusory: only one party is bound to perform.
Past Consideration: not consideration, But may= implied in fact K. EXCEPTION: Promissory Estoppel (reasonably relied to their detriment) Statute of Frauds
2. Year or longer services contract
3. Lease for > $1000
5. Executor or Adminsitror
6. Goods: >$500.
Exception: main purpose to benefit guarantor
8. MASS: promise to make or enforce a will must be in writing. Requirement:
1. Writing signed by ∆
2. all material terms
UCC: must have quantity term
EXCEPTION: merchants where one receives signed writing and fails to respond in 10 days. Part Performance: 2 of 3
1. improvement to land
2. Absence of Consideration
1. Mutual Mistake: 1) basic assumption; 2) material effect; 3) party seeking avoidance did not assume the risk. 2. Duress: 1) economic; 2) no reasonable alternative;
3. Ambiguity: consider awareness of ambiguity
4. Unconscionability: unfair surprise, oppressive terms
5. Nondisclosure: concealment and fiduciary like relationship 6. Misrepresentation: false statement before the contract that induces it.
2) undertaking or commitment
3) definite and certain terms (capable of being enforced)
4) reasonably understood under the circumstances as an offer. UCC Contracts: Must include a quantity term or be an output or requirements contract. Sale of Land: must
1) Identify the land and
2) Include price terms.
1.As provided by Offer
2. Express Acceptance: must be unequivocal.
2. Conduct a reasonable person would conclude was an...
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