Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

CONTRACTS > C- EXAM > Flashcards

C- EXAM Flashcards

(44 cards)

Start Studying
1
Q

How to measure intent?

A

Outward Manifestations and objective test (the reasonable person)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Outward Manifestations

A

Words and actions

Secret intent/thoughts are NOT relevant. (Jesting does not count either)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Objective Test

A

Would a reasonable person in the position of the recipient would understand that the manifestations (acts, behaviors, and other relevant circumstances) of x were an offer/acceptance?

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Express Contract

A

A legally binding agreement that is written and the terms of which are all clearly stated.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Implied-in-Fact Contract

A

obligations arising from a mutual agreement expressed not through words but implied through non-verbal conduct.

Disclosing an idea with the expectation of compensation for its use. Can arise even if no agreement was reached as to price, curation, or other terms - just requires “mutual assent”.

If offer invites acceptance only by performance, by rendering the requested performance - thus, completing the bargain, and the user has to pay author for it’s use.
- Taco Bell (used the idea so they have to pay for it)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Offer Standard

A

Whether a reasonable person would believe THE CONDUCT is an offer?

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Southworth Test (Objective Test for Offer)

A
  1. Context
  2. Language
  3. Number of Recipients
  4. Details
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Southworth/ Offer Objective Test Definitions

A

Context = what offeree would have understood given the circumstances (ex: two conversations over it including one that was a follow up clarifying seller was still selling the land)

Language = what is said - is offertory language used like “i am SELLING”

Number of Recipients = if it is addressed to just you (more people –> less of an offer)

Details = more likely it is an offer if more specific details - enough detail in the letter to conclude that it has all the necessary info FOR it to be an offer

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Are ads or “form letters” considered offers?

A

NO - they are just an invitation to deal (Lonergan)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Unilateral Offer

A

promise given in exchange for a COMPLETED act

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Bilateral Offer

A

Promise for a promise

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Acceptance

A

Either by:
- performance
- return promise

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Where should you look to determine how to accept an offer?

A

Look to the offer; the offer will dictate the method of acceptance.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

three types of acceptance for a bilateral contract?

A

(a) Exclusive - “shall” - have to accept by their terms
(b) Suggested - “may accept by the following” - either by their terms or by something equivalent
(c) No method stated - any reasonable method under the circumstances, but MUST GIVE NOTICE FOR THIS TYPE

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

When must you always provide notice of acceptance to the offeror?

A

Bilateral - No Method Suggested

If stated in exclusive and explicitly requires a notice of acceptance.

Notice is just letting them know now there is a contract. The contract is completed as soon as other person signs it.

*Silence can count as acceptance in no method stated but you must inform them…

Notice is effective upon dispatch…*

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

When is a signature ever a unilateral offer?

A

Autograph

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Dispute in a contract…

A

look to the language of the contract… construe the document against the guy who put the language in it, you are responsible for the stuff you put in and responsible for defining it, it is not up to the opposite party to interpret it.

(You should be able to look to when the exact moment it was accepted - when it was impregnated)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Always remember

Study These Flashcards
A

offeror is the master of his/her offer.

19
Q

Can you accept an offer you didn’t know about? (Glover)

20
Q

does there need to be notice of acceptance for a unilateral offer?

Study These Flashcards
A

No!

Notify of your completed act to get your money duh… just have to give notice of completion within a reasonable amount of time

21
Q

Ambiguous Manifestations

Study These Flashcards
A

An offeror cannot force offerees to accept via things they normally do everyday.

If a mode of acceptance is something the offeree does everyday, it cannot be a valid means of acceptance.

22
Q

Can there be acceptance by silence?

Study These Flashcards
A

Yes

Bilateral Acceptance:
- act can signal acceptance (driving over land is an act that signals acceptance to terms to pay)
- Conduct can signal acceptance

23
Q

Silence operates as acceptance in 3 cases:

Study These Flashcards
A
  1. where an offeree takes the benefit and has reason to know that they were offered it with the expectation of compensation (Taco Bell)
  2. Where offeror states or gives reason to understand that assent may be manifested by silence or inaction (Beneficial)
  3. Because of previous dealings. (Ammons)
24
Q

Parties have to agree that silence will be agreement because…

Study These Flashcards
A

Silence is ambiguous - B is about when both parties AGREE to use silence. If one doesn’t agree, how could they accept…

25
Dispatch Rule
Notice of acceptance occurs upon dispatch. Whenever it leaves the offeree's possession in a reasonable method that would notify the offeror. Once it leaves, it's binding. Dispatch rule only applies to acceptances. Only for type 3 - No Method Stated!
26
Who bears the risk of a lost acceptance? (In dispatch rule)
The offeror. Offeror is the master of the offer - if they wanted it differently they could have said it ! They could fix the problem of a lost acceptance by making it be sent in a different way that wouldn't loose the acceptance! Also doesn't matter the method of dispatch… because its falls on the offeror…
27
When does a dispatch occur?
Whether it's in the mailbox or in secretaries - you can take the offer back. When its in the actual mail - you cannot take it back - it's dispatched.
28
Indirect Revocation
Offeree requires reliable information that offeror took action inconsistent with intention to sell to them. EX: If the buyer is notified that the seller had sold to someone else, (thereby rescinding his offer to the buyer,) the buyer cannot accept the offer to make the offer binding.
29
Direct Revocation
Explicitly saying its revoked.
30
Important to question to ask for type 3 - reasonable method of acceptance:
Did Mrs. Burgess ever receive things before for Mr. Dodds? If she received other important documents - then it IS a reasonable method… If not, not a reasonable method If she has- slam dunk - it is an acceptance and contract is binding.
31
Mirror Image Rule
a proposal to accept the offer by modifying it or an acceptance subject to other terms and conditions is equivalent to an absolute rejection of the offer made by the plaintiffs. Total congruence between offer and acceptance. Even slightest deviation is a rejection.
32
Under Mirror Image Rule, a counter offer...
DESTROYS the original offer! Its a rejection of offer!
33
Option Contract
Common to enter into an option first and buy it later. Way to lock up a deal and do research on whether to invest or not without the contract expiring/being sold to someone else First Contract: option contract - Pay them a small amount to enter into it with the promise of completing the payment of the full amount later - Unilateral Contract - Completed act= paying the rest Second Contract: bilateral contract - promise to pay the money for the deed of the land
34
OPtion Contract & Mirror Image Rule
DOES NOT APPLY! Because it was an option - paid to keep it open to just them - they can negotiate during this contract's time period and it will not affect the rejection of the second contract !!!Offer can be made irrevocable if you pay for it!!!
35
How does an option contract form?
1. Pay for it 2. Reliance on the job and commences performance (option contract is created when part performance begins)
36
Reliance forms an option contract because:
Offeree relies on your word and then they put their time and money into something - offeror owes them then payment for their completed act and can’t get out of it after they start.
37
Reliance/Part Performance is a...
JURY QUESTION
38
An option contract is irrevocable when
part performance begins
39
Restatement Section 90
Theory for recovery for people who incurred an injustice by relying on a promise, so long as the reliance was foreseeable and substantial. - promissory estoppel for bilateral contract
40
Restatement Section 87(2)
"Reasonably foreseeable reliance on either a bilateral or unilateral control" Applies promissory estoppel to a unilateral contract
41
Section 45
When offeree begins part performance
42
Actual Notice
in written, verbal, etc. Explicitly stated.
43
Inquiry Notice
if a reasonable person would have asked and found out x, then you are given notice of x even if you don't actually know... "Reasonable person would have asked"
44

CONTRACTS (1 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions