Contract Big Questions Flashcards
(22 cards)
1
Q
Full Analysis
A
- Applicable Law
- Formation of Contract
- Terms of Contract
- Performance of the Contracts
- Third Party Beneficiary Contracts
- Assignment or delegation
- Breach of Contract
- Remedies
2
Q
Formation of Contract Analysis
A
- Offer
- Acceptance
- Consideration
- Defenses to formation and Enforcement
- Express and Implied Warranties, Sale of Goods Contracts
3
Q
Offer Analysis
A
- Unilateral/Bilateral
- Irrevocable Offers
- Termination of Offer
4
Q
Termination of Offer Analysis
A
- Revocation of offer
- Rejection by Offeree
- Counteroffer by Offeree
- Lapse of Time
- Death
5
Q
Acceptance Analysis
A
- Unilateral/Bilateral
*Manner of Acceptance - Counteroffer
- Mailbox Rule
6
Q
Consideration Analysis
A
- Adequacy of Consideration
- Gifts
- Moral Consideration
- Preexisting Duty Rule
- Past Consideration
- Promissory Estoppel (consideration substitute)
7
Q
Defenses to Formation Analysis
A
- Mistake - Mutual or Unilateral
- Misunderstanding
- Misrepresentation
- Undue Influence
- Duress
- Capacity
8
Q
Defenses to Enforcement Analysis
A
- Statute of Frauds
- Illegality
- Unconscionability
9
Q
Exceptions to the Statute of Frauds
A
- Specially Manufactured goods
- Payment and acceptance by the seller
- Receipt and acceptance by buyer
- Failure to respond to a memorandum (when both parties are merchants)
Promissory Estoppel or Judicial Admission as well
10
Q
When does the Statute of Frauds apply
A
- Marriage
- Suretyship
- One year
- UCC over 500
- Real Property
11
Q
Terms of the Contract Analysis
A
- Modification - CL or UCC
- Accord & Satisfaction
- Parole Evidence Rule
12
Q
Parole Evidence Rule Analysis
A
- Fully or partially Integrated
- Exceptions
- Ambiguity
- Collateral Deal
- Condition Precedent
13
Q
Performance Analysis
A
- Promises
- Conditions
- Discharge of Duty to Perform
14
Q
Conditions Analysis
A
- Express or Implied
- Satisfaction
- Excuse of conditions
15
Q
Excuse of Conditions
A
- Wavier
- Wrongful Interference
- Estoppel
16
Q
Discharge of Duty to Perform
A
- Impracticability
- Impossibility
- Frustration of Purpose
17
Q
Breach of Contract Analysis
A
- Anticipatory Breach/Repudiation
- Material Breach
- Minor Breach
18
Q
Anticipatory Breach
A
- Retraction
- UCC Request Assurances
19
Q
Remedies Analysis
A
- Legal Remedies
- Equitable Remedies
- UCC Remedies
20
Q
Legal Remedies
A
- Expectation Damages
- Consequential Damages
- Incidental Damagers
- Mitigating Damages
- Reliance Damages
21
Q
Equitable Remedies
A
- Restitution Damages
- Specific Performance
22
Q
UCC Remedies
A
- Buyer’s Remedies
- Seller’s Remedies
