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Is there a contract? (Other Topics (Types of Contracts (Express Contracts,…

- - - - Sale of Goods more than $500
      - Greater than 1 Year Provision (from making of K to date of possible completion)
      - Marriage as Consideration (i.e. Father promises land for son-in-law marrying daughter)
      - Executor
      - Sale of Real Estate Provision
      - Suretyship Provision (3rd person promises to pay debt for another)
- - - - Equitable Remedies
        
        Specific Performance (NARAL)
        
        Injunction
      - $ Remedies
        
        Reliance Damages
        
        Restitution Damages
        
        Expectation Damages
        
        Diminution in Value if breach is incidental to K and economic benefit disproportionate to cost of work
      - Liquidated Damages Clause
        
        Depends on how easy to estimate harm. Easier to estimate harm, the more strict courts will be in analyzing for punitive damages
        
        Reasonable? Depends on actual v anticipated circumstances
    - - Mitigate damages reasonably
      - Damages must be foreseeable
        
        Actual knowledge of special cir v imputed of general
      - Must be calculated to a reasonable certainty
  - - - Knew about & participated in illegality
    - - Alcohol, minors, mental disabilities
    - - If K made by coercion or improper threat
    - - If K violates public policy
    - - Mutual/Bilateral mistakes of material fact; unilateral mistakes if unconscionable to enforce; transcriptions
    - - "Impossibility" of performance; foundation of K impossible
    - - Imbalance of bargaining power voids K if extremely unjust to one side
    - - Integrated writing; Writing at the same time or writing/oral after admissible. Writing/oral before and oral at the same time not admissible.
- - - - Does the offer continue to exist?
        
        Time lapse
        
        Fixed, Reasonable (F&C), end of convo/midnight
        
        Action by Offeror
        
        Revoke (effective when ee receives)
        
        When can't you revoke?
        
        Firm Offer for merchants sale of goods, signed writing (2-205)
        
        Option K
        
        Buy the time; give something as consideration
        
        Reliance on Offer
        
        2-205 by analogy for real estate/services
        
        Part performance creates option K if you begin to perform
        
        Death
        
        Action by Offeree
        
        Rejection
        
        Counteroffer (unless mere inquiry)
      - Is there acceptance?
        
        Reasonable person standard
        
        Effective at dispatch for mailing
        
        No notice required for unilateral except if performance won't be known to or
      - Is there an offer?
        
        Clear, definite, explicit, and leaves nothing open for negotiation
        
        Offer to a R.P.
        
        Creates power of A
    - - What do the words/actions mean to a reasonable person?
      - What happened?
  - - - Promissory Estoppel (replaces BF/RI)
      - Mutuality (Missing LD)
        
        Outputs/Requirements K
        
        Conditions Precedent/Subsequent
      - Past Consideration (Missing BF/RI)
        
        Material Benefit - Emergency, BI
        
        Bankruptcy, Infancy, Statute of Limitations
      - Performance of a Legal Duty (Missing LD)
        
        Limits (Jurisdiction)
        
        Something Extra
        
        2-209 for sale of goods
        
        2-209 by analogy
        
        Reliance
        
        Unforeseen Circumstances
        
        Waiver of Conditions
        
        3rd Parties