Contract Law

----------------------- 1. Note whether this transaction is governed by UCC or the Restatement. 2. Does the Statute of Frauds go through? The trim down must be in writing if it is in conceive to land, if by its nature it takes more(prenominal) than one course of study to perform, or if it is in regard to goods of greater than $500 value. Is in that location a issue? Was in that location an Offer? Were the footing particular(prenominal)? Did the head head the partys intent to be bound? Was thither an Acceptance? Was in that location adoption to use up terms of the offer pursuant to mirror image regulation? If not, mass UCC 2.207 or the parties effect be used to refer a contract? Was the betrothal made according to offers to instructions (note silence open fire never be acceptance)? Was the acceptance made within time specified? Does the postbox obtain apply? Was thither Consid eration? Was there effectual scathe? No No No No contract Yes No Was there reliance so that §90 Promissory Estoppel applies? Was there benefit conferred? Are all of the cloth terms hold on? Yes Yes Yes No THERE IS AN ENFORCEABLE CONTRACT What argon Material Terms? Unilateral or Bilateral? Was there an outright scandalise or is it another problem?

Were parties cold enough in negotiations to implicate a contract to chatter over in Good Faith? Was such a contract explicit? Was an option created by partial exercise of acceptance? Yes No Was there Substantial break jump? ! Yes Was there fraud, duress or unconscionability? Yes No Breach is pardon Was there a change in flock or failure of a substantial assumption of the contract? Yes No Breach is excused Could there be a outpouring? Was the breach excused by implication of past performance? Breach is excused Breach unexcused; victim can recover GO TO DAMAGES Yes No Is there vagueness/equivocalness in contract? Can the Parol...If you requisite to get a full essay, order it on our website: OrderCustomPaper.com

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