100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
LEGL 2700 Roessing Test 3 Questions And 100% Correct Answers $14.99   Add to cart

Exam (elaborations)

LEGL 2700 Roessing Test 3 Questions And 100% Correct Answers

 0 view  0 purchase
  • Course
  • LEGL 2700 Roessing
  • Institution
  • LEGL 2700 Roessing

LEGL 2700 Roessing Test 3 Questions And 100% Correct Answers...

Preview 4 out of 41  pages

  • November 7, 2024
  • 41
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers
  • LEGL 2700 Roessing
  • LEGL 2700 Roessing
avatar-seller
Easton
LEGL 2700 Roessing Test 3 Questions And
100% Correct Answers


contract - ANSWER a legally enforceable promise or an exchange of promises



Uniform Commercial Code (UCC) - ANSWER -covers the sale of goods

-goods are tangible, movable items of personal property

-applies to individuals & firms

-uniform state law

-Article 2: applies to contracts

-Section 207: "Battle of Forms" -> Deal still goes through



bilateral contracts - ANSWER -involve a promise for promise exchange ( mutual
promises)

-acceptance is before action



unilateral contracts - ANSWER -occur when one party makes a promise in return for
some actual performance

-ex. lost pet reward

-acceptance has a time frame before action is carried out



express contract - ANSWER parties speak about promised terms of their agreement



implied-in-fact contracts - ANSWER -result from the actions of the parties, rather than
from what was said

-Ex. asking an accountant for advice -> this implies a promise to pay the going rate for
this advice

,Leyden v. American Accreditation Healthcare Commission - ANSWER -Leyden was
terminated from employment -> claims termination was a breach of an implied contract

-enforcing implied-in-fact contracts is an essential means of ensuring two parties' intent
to make binding promises is honored

-implied-in-fact must have the same elements as contracts -> acceptance and
consideration

Employers may diminish the at-will employment presumption through statements made
about employees' rights and expectations in policies and handbooks.



implied-in-law contract - ANSWER when one party is unjustly enriched at the expense of
another, the law may imply a duty on the first party to pay the second even though there
is no contract between the two parties



quasi-contract - ANSWER not true contracts, but a judicial remedy to prevent on part
from receiving unjust enrichment



enforceable contract - ANSWER when courts uphold the validity of such promises



unenforceable contract - ANSWER if a nonperforming party has a justifiable reason for
noncompliance with a promise



valid contract - ANSWER -when an agreement is enforceable because all the essential
requirements are present

-can be voided by both parties



void contract - ANSWER -one that apparently is an agreement but is not because of the
failure to satisfy an essential requirement for validity and enforceability

-only minor can get out of contract



in pari delicto - ANSWER a situation in which both parties are equally at fault in an illegal

,contract



voidable contract - ANSWER -an agreement when at least one party has a right to
withdraw from the promise made without incurring any legal liability

can't be avoided by either parties



executed contract ANSWER one in which the parties have performed their promises



executory contract ANSWER when the parties have not yet performed their agreement



Elements of an Enforceable Contract ANSWER -Offer to enter into a contract

-Acceptance of the offer

-Consideration for each promise

-Capacity of each party to enter into a binding agreement

-Legality of subject matter



Defenses to Contract Enforcement - ANSWER -Improper form when a writing is required

-no true meeting of the minds due to fraud or mistake



offer - ANSWER contains a specific promise and a specific amount



indefiniteness - ANSWER When the terms of an agreement are not definite and specific



revocation - ANSWER when the offeror retracts the offer before the acceptance



rejection - ANSWER -when the offeree rejects the offer

-voids the offer

, counteroffer - ANSWER -when the offeree makes a counterproposal

-has the effect of rejecting the original offer and sending back a new offer for a different
contract

-can't change offer and get original offer



lapse of time - ANSWER when the offeree fails to accept by a deadline defined in the
offer or after a reasonable period of time



Subject Matter Destruction when the object of the contract is destroyed or legally
eliminated



Offeror Death or Insanity -when the offeror no longer has capacity to make the offer

-can revoke offer on your behalf



Subject Matter Illegality when a change in the law renders agreement illegal,
acceptance is no longer possible



Acceptance -is necessary to create a valid, enforceable contract

-"mirror image rule"- common law

-counter offer = rejection under common law



Mirror Image Rule - ANSWER for an acceptance to form a legally enforceable contract,
the general contract law demands that the acceptance precisely match it



Gottlieb and Co v. Alps South Corporation - ANSWER -Alps sought consequential
damages from Gottlieb arising from complaints from the customers.

-Gottlieb argued that the exclusion barred such liability in its finished goods form

The court held that Gottlieb's term was part of the contract despite appearing only on
Gottlieb's forms and not being specifically discussed between parties

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

Quick and easy check-out

You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.

Focus on what matters

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying these notes from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller Easton. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for $14.99. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

82871 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy study notes for 14 years now

Start selling
$14.99
  • (0)
  Add to cart