Contracts 1 - Sources Flashcards Preview

Bar > Contracts 1 - Sources > Flashcards

Flashcards in Contracts 1 - Sources Deck (9)
Loading flashcards...
1

What does the UCC govern?

Sales of goods.

2

Definition of "goods" under the ucc.

Any movable item.

3

Examples of things that are not goods under the UCC.

Intangibles, money, assignments of a legal claim, services, or real property.

4

Hybrid cases of contracts for sale of goods and services.

Majority: predominate purpose of the transaction. Look at: (1) language of the K, (2) nature of the supplier's business, and (3) relative value of the goods versus the service. Minority: apply ucc to goods portion and common law to service portion.

5

Computer software

Treated as good under the UCC

6

Common law vs. UCC

Common law applies unless UCC provides a contrary provision, in which case UCC always takes priority.

7

3 Types of Contractual Obligations

(1) Express - parties make oral or written expression of their commitments.
(2) Implied-in-fact - agreements formed by conduct rather than words.
(3) Implied-in-law - on party bestows a benefit on another and its unjust for the recipient to retain the benefits w/o paying.

8

Quantum Meruit

The cause of action for an implied in fact contract brought in order to recover the reasonable cost of the benefits provided. Can be used in implied-in- law claims as well.

9

Signed Writing Requirement in electronic contracting

Electronic signatures are legally effective in the vast majority of jrdx and email is sufficient to satisfy the writing requirements.