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Contracts simple outline, Study notes of Civil Law

Contracts Outline - 1st semester

Typology: Study notes

2014/2015

Uploaded on 07/19/2015

samantha_embry
samantha_embry 🇺🇸

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Contracts- Simple Outline
Topics:
Sources of Contract law
Types of contracts
The bargaining process
The objective theory of assent
Definition of offer
Role of intent
Advertisements as offers
Offers for sale of goods contracts (UCC Article 2)
Acceptance
Mode of acceptance
Effect of acceptance/effective date
Silence as acceptance
Termination of power to accept
Lapse
Revocability
Revocation
Characterization of offer as bilateral vs unilateral and how it affects acceptance
Preliminary and incomplete agreements
The problem of indefiniteness
Deferred agreement
The effect of an agreement to write down the terms
Good faith bargaining obligation
Consideration
The basic doctrine of consideration
Pre-existing duties
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Contracts- Simple Outline

Topics:

  • Sources of Contract law
  • Types of contracts
  • The bargaining process
  • The objective theory of assent
  • Definition of offer
  • Role of intent
  • Advertisements as offers
  • Offers for sale of goods contracts (UCC Article 2)
  • Acceptance
    • Mode of acceptance
    • Effect of acceptance/effective date
    • Silence as acceptance
    • Termination of power to accept ■ Lapse ■ Revocability ■ Revocation
  • Characterization of offer as bilateral vs unilateral and how it affects acceptance
  • Preliminary and incomplete agreements
  • The problem of indefiniteness
  • Deferred agreement
  • The effect of an agreement to write down the terms
  • Good faith bargaining obligation
  • Consideration
  • The basic doctrine of consideration
  • Pre-existing duties
  • Settlement agreements
  • Mutuality of obligation and the limits of mutuality
  • Performance as consideration
  • Conditional promises as consideration
  • Discretionary promises as consideration
  • Special consideration rules that make “output” and “requirements contracts enforceable
  • Promissory estoppel
  • Promissory estoppel as a consideration substitute in commercial and non-commercial promises
  • Options and firm offers
  • Option contracts
  • Promissory estoppel and offers
  • Firm offers in sales of goods and contracts
  • Unjust enrichment
  • Contracts implied in fact
  • Contracts implied in law
  • Moral obligation and the material benefit rule
  • Defenses to contract formation
  • The statute of frauds
  • Fraud and misrepresentation
  • Unconscionability
  • Disclaimers and limitations of the warranties of merchantability
  • Duress
  • Undue influence
  • Warranties
  • Implied warranties

Restatements 2d

  • • •
  • • • 87 (2)

UCC

  • 1-103(a) & (b)
  • 2-
  • 2-105 (1)
  • 2-104 (1)
  • 2-
  • 2-305-2-
  • 2-
  • 2-106 (a)
  • 2-
  • 2-
  • 2-
  • 2-328 (3)