Barbri Notes

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Contracts Roadmap 7 questions: Has there been an agreement or a promise?

? o Offer and acceptance o Courts take objective approachLucy v. Zehmer: it was a joke. No intent. Court: we dont believe you, but even if we did, doesnt matter. How would a reasonable person interpret what you were saying/doing? o 3 stages in an agreement: initial communicationwas it an offer (a manifestation of commitment)? Look at contentwhat was said? o Not all of terms need to be spelled out o If you see fair, appropriate, reasonabletoo vague o Requirements contractsIll buy all that I need from youcommitment of exclusivity Other words: only, all, solely Look at contextwhere was it said? o Advertisements are generally invitations to make an offer o When you say I will buy: making an offer Is there any reason that this agreement/promise should not be enforced by courts? If there is a contract, what are the terms of the contract? Did each party do exactly what they agreed to do? Is there any excuse that they didnt do what they agreed to do? What are the legal consequences of breaching a contract? When do people who did not make a contract have rights or duties?

UCC Article 2 is law in 49 states Applies to sales of goods Common law: When you by a house Employment agreement Mixed: Hire someone to paint your housewhat is more important part of the contract? Service Restatement 9 Promissory Estoppel Was not the law originally. Over time, Courts have adopted it. 7 terms:

agreement vs. contract bilateral vs. unilateral language of condition vs. language of promise delegation vs. novation expectation vs. recission vs. restitution impossibility vs. frustration of purpose SOF vs. PER

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