This class was created by Brainscape user Jessica Flavius. Visit their profile to learn more about the creator.
By:
Jessica Flavius
- decks
- flashcards
- learners
Decks in this class (37)
Contract Formation
Within applicable governing law a...,
W i agl v e k,
Contract formation ucc
4
cards
Governing Law
If k is for sale of goods,
If k is for services or land,
If k is a mixed k
5
cards
Mutual Assent
M a requires _____ _____
1
cards
Offer definition
Restatement 24,
Rest 24
2
cards
Offer factors
Was offer sufficiently definite,
Was suff def,
Courts look at whether offer cont...
3
cards
Preliminary Negotiations
Restatement 26 p n,
Offer has to be definite communic...
2
cards
Objective Test
Are the facts plausible reasonabl...,
To determine whether an offer or ...,
Analysis of who may have understo...
3
cards
Termination
If there was a valid offer assumi...,
There are several ways an offeree...,
Several ways
14
cards
Acceptance
Assuming there was a valid offer,
Restatement 50,
Restatement 50 short
11
cards
FORM
Forme
1
cards
Mailbox rule
0
cards
Bilateral K
0
cards
Unilateral K
0
cards
Content
0
cards
Mirror Image Rule
0
cards
Mistake/Misunderstood terms
Parties have entered in K, but LATER there's a disagreement on terms
7
cards
Gaps/Open Terms (common law)
0
cards
Gaps/open terms/additional & diff (UCC)
0
cards
Consideration
Assuming there was mutual assenti...,
Restatement 71 states,
A promise is supported by conside...
20
cards
Contract Modification
Contract modification implies,
What do we need for contract modi...,
What s tricky about contract modi...
4
cards
New Consideration (common law)
Steps
1
cards
No new consideration (UCC)
0
cards
Promissory Estoppel
Restatment 90 promise reasonably ...,
A charitable subscription or a ma...,
What to look for
4
cards
Detrimental Reliance
4 things to look for,
It s a fairness equitable relief ...
2
cards
DEFENSES
Enforcement defense,
Defenses to formation
2
cards
Defense to Enforcement
0
cards
Statue of Frauds (common law)
Enforceability rather than,
A k w in sof is enforceable if it is,
Requires
7
cards
Statute of Frauds (UCC)
Requires that,
If no maybe enforceable under an ...,
Was there detrimental reliance
4
cards
Defenses to Formation
Are
1
cards
Capacity
Modern majority,
Traditionally,
Infancy gen rule
4
cards
Misrepresentation
How many elements,
1 misrep or assertion not in acco...,
2 fraudulent or innocent material
7
cards
Duress
3 elements of duress
1
cards
Undue Influence
2 elements
1
cards
Unconscionability
2 types of unconscionability,
Procedural unconsc,
Substantive uncons
3
cards
Mutual Mistake defense elements
Where both parties are mistaken,
To succeed the defense must estab...
2
cards
Unilateral Mistake
Where only one party is mistaken,
To succeed the under unilat mista...,
5 elements
3
cards
Concealment & Nondisclosure
To make them operative read them ...,
Misrep requires
2
cards
More about
Contracts Step by step analysis
- Class purpose General learning
Learn faster with Brainscape on your web, iPhone, or Android device. Study Jessica Flavius's Contracts Step by step analysis flashcards now!
How studying works.
Brainscape's adaptive web mobile flashcards system will drill you on your weaknesses, using a pattern guaranteed to help you learn more in less time.
Add your own flashcards.
Either request "Edit" access from the author, or make a copy of the class to edit as your own. And you can always create a totally new class of your own too!
What's Brainscape anyway?
Brainscape is a digital flashcards platform where you can find, create, share, and study any subject on the planet.
We use an adaptive study algorithm that is proven to help you learn faster and remember longer....
Looking for something else?
Step 1
- 29 decks
- 3412 flashcards
- 144 learners
Decks:
First Aid Cardio, First Aid Pics I, First Aid Immunology Psychiatry, And more!
Contracts FYLSE
- 75 decks
- 1668 flashcards
- 27 learners
Decks:
Page 1, Kaplan Pgs 295 306 Tpb, Kaplan Pgs 276 294 Remedies, And more!
Market analysis- 220
- 41 decks
- 1655 flashcards
- 5 learners
Decks:
Chapter 1 From Class Pp Preliminaries, Mcqs For Final, Chapter 2 Casa The Basic Of Supply And D, And more!
