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Contracts Law (defenses to enforcement? (III. Did (at least) one party…
Contracts Law
defenses to enforcement?
III. Did (at least) one party lack the capacity to contract?
II. Was there a misrepresentation?
I. Is a signed writing necessary?
IV. Was it a high pressure situation or uneven bargaining power?
V. Is there a legal or public policy reason to prevent enforcement?
Was it a mistake?
was there a valid offer?
option contract
death or incapacity
lapse of time
firm offers
revocation bh communication
consideration substitute?
past consideration ruke
material benefit rule
promissory estoppel
detrimental reliance
was there an effective acceptance?
by promise
by performance
partial performance
time when takes effect?
silent
mailbox ruke
Which law applies?
UCC
sale of goods
Common Law
all other contracts (services or real property
Mutual assent?
preliminary negotiations
effects of misunderstanding
TRAPS
check UCC and CL
MEE
determine the law that applies
performance
condition
breach
perfect tuner rule
interpretation
remedies
specific performance
monetary
third-part beneficiaries
formation
acceptance
consideration
offer
common Law Mirror Image Rule
• Acceptance coextensive with offer