Contracts Law (defenses to enforcement? (III. Did (at least) one party…
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?
death or incapacity
lapse of time
revocation bh communication
past consideration ruke
material benefit rule
was there an effective acceptance?
time when takes effect?
Which law applies?
sale of goods
all other contracts (services or real property
effects of misunderstanding
check UCC and CL
determine the law that applies
perfect tuner rule
common Law Mirror Image Rule
• Acceptance coextensive with offer