Please enable JavaScript.

Coggle requires JavaScript to display documents.

K (FORMATION, PERFORMANCE, Common Law or UCC?, INTERPRETATION, REMEDIES,…

- - - - Exchange of promises
    - - Promise in exchange for performance
  - - - Offeror
        
        Revocation
      - Offeree
        
        Rejection
        
        Counteroffer
        
        Creates a new offer
        
        Bargaining not a counteroffer
  - - - Can control method of acceptance
    - - May indicate acceptance via performance
    - - Valid upon dispatch
        
        Dispatch
        
        When offeree places letter in the mail
  - - - Pre-existing contractual/statutory duty is not consideration for new promise
      - New consideration required
    - - New consideration not required to modify sales K
    - - Promisory estoppel
        
        Reliance
        
        Foreseeable
        
        Detrimental
        
        Reasonable
        
        3.Enforcement ncessary to avoid injustice
        
        Promise
  - - - Service K not capable of being performed within a year from the time of K.
      - Real estate K
      - Promise in consideation of marriage
      - Sale of good for $500 or more.
      - Promise to pay debts of another (suretyship)
- - - - Does not relieve the non-breaching party from performance
      - Non-breaching party is entitled to to damages
    - - Excuses the non-breaching party from performance
      - Entitled to all available remedies
  - - - Accept certain "ones" "goods"
      - Accept
        
        May be revoked if goods are so defective that their value is substantially impaired.
      - Reject
      - Exception
        
        Buyers cannot reject after already accepting by inspecting and indicating the goods do not conform or by failing to inspect.
    - - Pre-existing duty rule = abolished.
        
        An agreement modifying existing K does not need consideration
  - - - Pre-existing duty rule
        
        A promisor cannot provide consideration where that consideration is a duty the promisor is already obligated to perform.
- - - - One or both parties merchants?
  - - - Real Estate K
      - Service K
- - - - Implied warranty of merchantability
        
        Included with every sale of goods
        
        Goods fit for their ordinary purpose
      - Implied warranty of fitness for a particular purpose
        
        Direct representation by the seller or the seller's representative that product fits what buyer wants
        
        How a seller can alter implied warranties of fitness
        
        By explicitely excluding or modifying language mentioning merchanibility.
        
        If in writing?
        
        Must be "conspicious"
      - Express warranty
        
        Created by the seller
        
        Become part of agreement if they are the basis of the bargain
  - - - What is the purpose for which the evidence is being introduced?
      - Does the evidence relate to a term or K that is integrated?
        
        Integration
        
        Did the parties intend the written K to be the final discussion as to specific terms.
        
        Merger Clause included?
        
        States words that indicate that the writing is the complete and entire agreement of the parties?
        
        How detailed is the K?
    - - If introduced to explain or interpret terms of written K ----Admissible
- - - - Available only when a $ award would be inadequate to grant relief to the aggrieved party.
      - Available for unique objects and real property.
      - Not available for:
        
        Personal service K
- - - - Transfer of right to receive a performance under a K.
    - - When a third party agrees to satisfy a performance obligation owed by one of the parties to a K.
      - Duties that are not delegable:
        
        Personal performance Ks when recipient relies on the qualities of the party who is to render the performance.
        
        If K prohibits delegation..
    - - Standing to sue the promisor?
      - Types of beneficiaries:
        
        Incidental beneficiaries
        
        Benefit from promisor's performance, but not intended to receive a benefit.
        
        Intended beneficiary
        
        When promisor's performance was intended to benefit the third party.