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Contract Law - Coggle Diagram
Contract Law
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Step 4: Performance
Conditions
Can be express, implied, or constructive
Can be precedent, concurrent, or subsequent
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Third Parties
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Delegation
occurs when a third party agrees to satisfy a performance obligation owed by one of the parties to a k.
Step 3: Interpretation
Parol Evidence
Governs whether the meaning of a document can be determined by the negotiations of the parties prior to the written contract
Integration
refers to whether the parties intended the written contract to be the final discussion as to specific terms
Courts rely on whether a merger clause is included --> a merger clause states words to the effect that the writing is the complete and entire agreement of the parties.
Unless the k is completely integrated, parole evidence is admissible to supplement the terms of a written k
Warranties
Express Warranties are created by the seller and become part of the agreement if they are the basis of the bargain
Implied warranty of merchantability is included with every sale of goods. Goods must be fit for their ordinary purposes.
Implied warranty of fitness requires a direct representation by the seller or their representative that the product fits what the buyer wants.
Step 5: Remedies
Common Law
Monetary damages include: expectation damages, reliance damages, restitution, and liquidated damages.
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