Law Outlines Contracts Outlines
This outline packet comprehensively explains one of the most difficult legal subjects. Topics include: offers, acceptance, interpreting terms, modifying contracts, parol evidence, performance, breach, and remedies. The outline includes UCC rules and caselaw, as well as rules from the Restatement. This packet also includes an outline of the E&E for contracts, as well as an outline for the bar exam (MBE and UBE). Everything you need to ace your exam!...
The following is a more accessible plain text extract of the PDF sample above, taken from our Contracts Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:
UNIFORM COMMERCIAL CODE
Overview:
Purpose:
In US, common law is generally a matter of state law. Differences in state common law is problematic when economy is national.
More flexible and contextualized than Classical Contract Theory
Articles
3-9 = banking and finance
1 = general principles
2 =sale of goods:
No uniform states for
Sales and leases of real estates
Employment agreements
Service agreements
Sales and licenses of intellectual property
Goods
Section 2-105(1): Goods’ means all things (including specially manufactured goods) which are moveable at the time of identification to the contract for sale other than the money in which the price is to be paid, investment securities (Article 8), and things in action
must be moveable
excludes physical things of largely intangible value (like a movie ticket)
Chattels
Pittsley v. Houser (pg 74) – agreement to purchase and install carpet. Mixed goods and services. 2 methods
Bifurcate transaction
Categorize based on predominate element (they adopt this approach, and rule the predominant element is a sale of a good)
Unconscionability
Modern doctrine to police harsh bargains
“intensely factual question;” super flexible
Absence of meaningful choice
Whether party had reasonable opportunity to understand the terms or “hidden in a maze of fine print/minimized by deceptive sales practices.”
Whether terms are commercially reasonable
The mores and business practices of the time and place (this is of debatable relevance
§ 2-302 of the Uniform Commercial Code
Wright writes “The test is not simple, nor can it be mechanically applied.” No algorithm. Contextual judgment.
Does the contract diminish the expected welfare of the buyers, and if so why?
Why do people enter into contracts that are expected to diminish their welfare?
Williams v. Walker Thomas (pg 63): Every time Williams bought something new from the store on credit, it made it harder to pay off the balance on earlier items on which a balance was due. Perverse because the value of the term to the store depends on whether a buyer is a...
Buy the full version of these notes or essay plans and more in our Contracts Outlines.
This outline packet comprehensively explains one of the most difficult legal subjects. Topics include: offers, acceptance, interpreting terms, modifying contracts, parol evidence, performance, breach, and remedies. The outline includes UCC rules and caselaw, as well as rules from the Restatement. This packet also includes an outline of the E&E for contracts, as well as an outline for the bar exam (MBE and UBE). Everything you need to ace your exam!...
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