Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Save to My Library
Look up keyword
Like this
3Activity
0 of .
Results for:
No results containing your search query
P. 1
Contract Short Outline BR

Contract Short Outline BR

Ratings: (0)|Views: 2,057|Likes:
Published by Bryce Robertson
Short Contracts Outline
Short Contracts Outline

More info:

Published by: Bryce Robertson on May 04, 2011
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as DOCX, PDF, TXT or read online from Scribd
See more
See less

11/29/2012

pdf

text

original

 
CONTRACTS
  STEP #
1 DO WE HAVE AN OFFER 
I.
 
Objective Approach (vs
.
Subjective)a
.
 
 Lucy
v Zimmer 
± Whether the Zimmer¶s agree to sell farmland to Lucy? How would areasonable person interpret what was being said;
I
n the mainstream courts take an objectiveapproach b
.
 
Determining an agreement
i
.
 
I
nitial Communication ± first comm
.,
letter 
,
email
,
contact1
.
 
Was this first communication an Offer - a manifestation of commitment?One person will have made some kind of a commitment
a
.
 
Look to Content of Communication; what was said b
.
 
 Not necessary that all terms of the deal be spelled out; Missing terms areokayc
.
 
Watch for anything that is important but vague and ambiguousi
.
 
Ex
ample: Law firm says be a law clerk for 9 wks and we¶ll payyou a ³fair´ salaryii
.
 
*
Fair, Appropriate, Reasonable (These kind of vagueexpressions are not sufficiently specific and too vague to beenforced)
 iii
.
 
*
Requirements Contracts ± 
the commitment of e
x
clusivity1
.
 
³
Only From You´
 2
.
 
³S
olely´
 3
.
 
³
All´ from
2
.
 
What was the Context of the first communication?
a
.
 
Advertisements are not offers; they are
invitations to make offers
 i
.
 
Ex
ample: Ad in the paper to sell car for $2K 
,
you show up and
 youare then making the offer 
3
.
 
What happens after the offer?
a
.
 
Offers die with the person b
.
 
Offers do not last forever (must respond within a reasonable time)i
.
 
Ex
ample: The person has taken too long to respondc
.
 
*
Revocation ± 
 person who has made the offer (offeror) unambiguouslychanges their mind and revokes offer i
.
 
The offerror must unambiguously indicate they have changedtheir mind
 ii
.
 
I
t must be communicated to the offeree
 1
.
 
Can be by words or conduct
d.
 
Exceptions to Revocation
i
.
 
Option
± Offer plus a paid for promise not to revoke; to hold theoffer open1
.
 
Ex
ample ± if you pay $X
,
 
I
¶ll hold the widget for you for Ydays; offer cannot be brokenii
.
 
Firm offer Rule ± 
only applies where seller is a merchant1
.
 
Sale of Goods2
.
 
B
usiness Person/ Merchant3
.
 
I
n Writing
 
a
.
 
Ex
:
I
e
x
 plicitly promise you (in writing) you can buy this car for the ne
x
t 3 days
iii.
 
Where the offer has been relied on in a way that isreasonablyforeseeable[Reliance]1.
 
I
f the person has reasonably relied on your offer 
,
that offer cannot be revoked; i
.
e
.
Contractor iv
.
 
U
nilateral Contract
± A contract that results from an Offer requiring completion of performance as acceptance; The contract isnot actually e
x
isting until after it actual happens (and is finished)1
.
 
I
f there has been a unilateral contract and the performancehas begun
 STEP #2
DO WE HAVE ACCEPTANCE?
c
.
 
I
s it Acceptance?
i
.
 
Look at the offer before the response ± When you make an offer you can control how itcan be accepted;
Ex
ample:
B
y mail
,
but reasonable under the facts (not stocks by mail)ii
.
 
Most of the time the method of making the acceptance
is not spelled o
u
and is to bereasonable1
.
 
*M
ail Box Rule
 ± 
1)
two people trying to make a deal at a distance
2)
They¶retechnologically challenged (methods of comm
.
involve delays )
3)
 Communications are inconsistent ± so when did one comm
.
become legallyimportant?)a
.
 
Most communications are legally effective
onl 
 y
when re
c
eived 
  b
.
 
 A
cc
eptan
c
es
are effective
when sent 
 iii
.
 
When do you have to give notice?1
.
 
Where performance is the acceptance just use common sensed
.
 
I
s it Rejection?
i
.
 
I
ndirect rejection
 
1
.
 
Counter-offers
 a.
 
Ex
 p
.
Sell¶s Caddy for $300
,
but you¶ll only pay $400 (is a counter offer and
counter offers operate as rejections)b.
 
This has the effect of terminating the offe
.
 2
.
 
Conditional Acceptance
 a.
 
usually appears with words ³
I
accept«
on the condition that
´ (This is arejection-indirect of the offer)
 b.
 
³
if,´
³
provided,´
³
so long as´ (These are terms of rejection)
3
.
 
Mirror 
I
mage Rule ± (
NOT
S
ales of Goods)
Common Law Contracts Only
 a.
 
At Common Law in order for an acceptance to be valid it must be
exactlylike the originalb.
 
Common Law does not allow for additions
,
deletions
,
or changes
 c.
 
Article
II
 
U
niform Commercial Code ± (
U
CC 2-207)i.
 
S
ale of Goodsii.
 
Two Communications (different)1.
 
You¶ll be given info about the first comm
 2.
 
And info about a later comm
.
(two communications whicharise in the bargaining for a sale of goods)
 a.
 
F
irst is the offer 
 b.
 
Then the response
 c.
 
Or, there could be a statement of agreement
 
d.
 
And then second a confirmation of theagreement + something added or deletediii.
 
I
s there a Contract?iv.
 
I
s the new term a part of the contract?
 STEP #
3
I
S
THERE CON
S
I
DERAT
I
ON?
e
.
 
I
s there Consideration?
i
.
 
A device the law created that merit enforceability by the court and those that do not ± *
b
argained for* 
detriment
 
ii
.
 
Who is the promise breaker
?(One person at a time makes consideration)
 
iii
.
 
Did that promise breaker ask for anything in exchange for her promise
1
.
 
 H 
anger v Sidwa
 y
± 
I
f you refrain from drinking
,
smoking
,
etc until reachedcertain age 21 then
I
will pay you grandson;
E
nforceable because there isconsideration to detriment
,
this is not just a gift
2
.
 
Consideration questions typically involve doing what you¶re supposed to or not;forbearance
a.
 
Past Considerationi.
 
You cannot bargain for something that has already happened; if someone has gotten hurt
,
you can¶t promise to pay somebodywho¶s taken care of them
 b.
 
Pre-existing Legal Dutyi.
 
Simply doing something you¶re already legally obligated to do isnot legal consideration to promise to pay more
ii.
 
U
nder 
Common Law you need new consideration for Contract
 Modification
; not the case under
U
CC 2
,
if it is a sale of goodsyou don¶t need consideration
.
 
I
s there some reason this agreement is not legally enforceable?
i
.
 
*S
tatute of Frauds is the #1 Reason on Law Exam (Largely ORAL AGREE
M
ENT
S
)
1
.
 
Statue to defer fraud because we¶re concerned that plaintiffs are going to come tocourt and allege the e
x
istence of a contract that never actually e
x
isted; The statewould then be participatory in the fraud
.
 
2
.
 
I
t is not a part of every contract; Three are within the Statute o
F
rauds
 a.
 
Transfer of an
I
nterest in Real-estate
 i.
 
Ex
ception (leases < 1 year in length; like yours)
b.
 
*Services Contract and no way capable (theoretically possible withunlimited resources) to finish it in one year 
 i.
 
i
.
e
.
± a three year employment contract
 ii.
 
i
.
e
.
± 
I
offer you a job and you are to start work three months fromnow (case)
.
Calendar starts running from the date of the contractand you look at when it can actually be completed; if not in a year 
,
 then statute of frauds (concert contract for concert more than a year away)
.
 c.
 
A sale of goods of $500 or more
 d.
 
Typically there is a written agreement to satisfy the
S
tatute of Fraudsi.
 
³
Oral´
So
F
 ii.
 
³
There was a written agreement´ ;
alone no So
F
 1.
 
But information says that there is potential for
S
oF

Activity (3)

You've already reviewed this. Edit your review.
1 thousand reads
1 hundred reads
Nicole Bayley liked this

You're Reading a Free Preview

Download
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->