1L Contracts
acceptance - correct answer-An offeree's assent, either by express act or by implication from
conduct, to the terms of an offer in a manner authorized or requested by the offeror, so that a
binding contract is formed; can be through words, actions, or even sometimes silence or
inaction; objective
Acceptance of partial payment in promissory restiution - correct answer-can show the party
who conveyed the benefit expected payment (not a good samaritan act)
actual authority (agency) - correct answer-Express (words - oral or written) or implied
(conduct) manifestations of agency
additional info on Prom. Resti. - correct answer-Ark. has no case law; common law policy -
moral obligation; modern policy - fair and just to hold the promisor to his promise for a
benefit has been conferred; most courts require that the benefit be conferred on the promisor
(promisor cannot promise to pay for a benefit conferred on someone else); exceptions:
benefits that are pure gifts and promise is not proportionate to the benefit
adhesion K - correct answer-A standard-form contract prepared by one party, to be signed
by the party in a weaker position, usu. a consumer, who adheres to the contract with little
choice about the terms
agency - correct answer-the fiduciary relationship that arises when one person (principle)
manifests assent to another (agent) to allow the agent to act on the principle's behalf
apparent authority (agency) - correct answer-third party reasonably believes that a principle
has manifested agency on a person (even if the agent is unaware of this authority);
manifestation can be inferred from title, job description, etc.
Arkansas Statute of Frauds - correct answer-also includes promises to pay debts discharged
by bankruptcy and promises to pay for debt accrued in one's minority
bargained for test - correct answer-modern test; promises/acts are being exchanged for one
another; value is not weighed but there must be actual inducement taking place
benefit conferred - correct answer-enrichment; cannot be a gift - generally actions must be
taken with dollar signs in the eyes; can be goods, services, and relief (i.e. from pain)
benefit/detriment test - correct answer-common law test; promise must be a benefit to the
promisor OR a detriment to the promisee
boilerplate - correct answer-Ready-made or all-purpose language that will fit in a variety of
documents
, breach of contract - correct answer-(1) valid contract (2) breach (3) caused by party to be
charged (defendant) (4) damages (to the plaintiff)
browse-wrap - correct answer-terms are available on the site but not presented to the user,
and no active assent is required; often found unenforceable by the courts because of hidden
or difficult to locate/recognize links to terms
charitable subscriptions - correct answer-generally promises to make gifts are not
enforceable; a pledge is promise to make a gift supported by giving possession right now
with intention of transferring title later; consideration can be created by matching pledges;
R2-90(2) allows for PE without actual reliance but few courts accept it
CL SoF - part performance - correct answer-often only allowed with equitable remedies; how
much performance is necessary? (1) full performance by both sides is sufficient, (2)
sometimes full performance by one party makes the K binding (particularly with land if the
seller performs full; not usually by the buyer bc the buyer could get $ back through
restitution), (3) partial performance - more performance = more likely to be binding,
(particularly with land, buyer - so valuable and substantial - possession (consistent with
agreement) + partial payment or improvements).
CL SoF - part performance vs. PE - correct answer-Part performance can enforce the entire
K but typically only with equitable remedies with a clear and convincing burden of proof; PE -
only what justice and fairness requires, but can be money damages, can have lower burden
of proof
CL SoF - PE - correct answer-gives relief to a party who made an oral K that is under the
statute of frauds and relied on the promise to her detriment; First Restatement: only (1) when
one party misrepresents that the SoF is satisfied or (2) one party promises a writing but
never gives it. Second Restatement: not favored by some courts bc it allows evidence that
SoF is meant to bar; courts are split: (1) adopt PE for SoF (Ark), (2) only allow
circumstances from R1, no PE for SoF
CL SoF multiple writings - correct answer-ways to connect writings: (1) physically, (2) signed
document expressly incorporates unsigned document(s), (3) signed document has an
express reference to the unsigned document(s), and (4) (some courts but NOT Ark will
allow) documents that reference each other generally as long as breacher assented to them
CL SoF writing requirements - correct answer-(1) identify the parties (2) identify the subject
matter (3) include all essential (material) terms and conditions; can be on more than one
document
clear and convincing evidence - correct answer-burden of proof that the plaintiff carries when
proving the existence of the oral K and the part performance.
click-wrap - correct answer-terms of use are presented to the user and the user must click
an assent to the terms before continuing; "I Agree" button; flaws: terms are drafted in favor
of the seller and users often do not read them
acceptance - correct answer-An offeree's assent, either by express act or by implication from
conduct, to the terms of an offer in a manner authorized or requested by the offeror, so that a
binding contract is formed; can be through words, actions, or even sometimes silence or
inaction; objective
Acceptance of partial payment in promissory restiution - correct answer-can show the party
who conveyed the benefit expected payment (not a good samaritan act)
actual authority (agency) - correct answer-Express (words - oral or written) or implied
(conduct) manifestations of agency
additional info on Prom. Resti. - correct answer-Ark. has no case law; common law policy -
moral obligation; modern policy - fair and just to hold the promisor to his promise for a
benefit has been conferred; most courts require that the benefit be conferred on the promisor
(promisor cannot promise to pay for a benefit conferred on someone else); exceptions:
benefits that are pure gifts and promise is not proportionate to the benefit
adhesion K - correct answer-A standard-form contract prepared by one party, to be signed
by the party in a weaker position, usu. a consumer, who adheres to the contract with little
choice about the terms
agency - correct answer-the fiduciary relationship that arises when one person (principle)
manifests assent to another (agent) to allow the agent to act on the principle's behalf
apparent authority (agency) - correct answer-third party reasonably believes that a principle
has manifested agency on a person (even if the agent is unaware of this authority);
manifestation can be inferred from title, job description, etc.
Arkansas Statute of Frauds - correct answer-also includes promises to pay debts discharged
by bankruptcy and promises to pay for debt accrued in one's minority
bargained for test - correct answer-modern test; promises/acts are being exchanged for one
another; value is not weighed but there must be actual inducement taking place
benefit conferred - correct answer-enrichment; cannot be a gift - generally actions must be
taken with dollar signs in the eyes; can be goods, services, and relief (i.e. from pain)
benefit/detriment test - correct answer-common law test; promise must be a benefit to the
promisor OR a detriment to the promisee
boilerplate - correct answer-Ready-made or all-purpose language that will fit in a variety of
documents
, breach of contract - correct answer-(1) valid contract (2) breach (3) caused by party to be
charged (defendant) (4) damages (to the plaintiff)
browse-wrap - correct answer-terms are available on the site but not presented to the user,
and no active assent is required; often found unenforceable by the courts because of hidden
or difficult to locate/recognize links to terms
charitable subscriptions - correct answer-generally promises to make gifts are not
enforceable; a pledge is promise to make a gift supported by giving possession right now
with intention of transferring title later; consideration can be created by matching pledges;
R2-90(2) allows for PE without actual reliance but few courts accept it
CL SoF - part performance - correct answer-often only allowed with equitable remedies; how
much performance is necessary? (1) full performance by both sides is sufficient, (2)
sometimes full performance by one party makes the K binding (particularly with land if the
seller performs full; not usually by the buyer bc the buyer could get $ back through
restitution), (3) partial performance - more performance = more likely to be binding,
(particularly with land, buyer - so valuable and substantial - possession (consistent with
agreement) + partial payment or improvements).
CL SoF - part performance vs. PE - correct answer-Part performance can enforce the entire
K but typically only with equitable remedies with a clear and convincing burden of proof; PE -
only what justice and fairness requires, but can be money damages, can have lower burden
of proof
CL SoF - PE - correct answer-gives relief to a party who made an oral K that is under the
statute of frauds and relied on the promise to her detriment; First Restatement: only (1) when
one party misrepresents that the SoF is satisfied or (2) one party promises a writing but
never gives it. Second Restatement: not favored by some courts bc it allows evidence that
SoF is meant to bar; courts are split: (1) adopt PE for SoF (Ark), (2) only allow
circumstances from R1, no PE for SoF
CL SoF multiple writings - correct answer-ways to connect writings: (1) physically, (2) signed
document expressly incorporates unsigned document(s), (3) signed document has an
express reference to the unsigned document(s), and (4) (some courts but NOT Ark will
allow) documents that reference each other generally as long as breacher assented to them
CL SoF writing requirements - correct answer-(1) identify the parties (2) identify the subject
matter (3) include all essential (material) terms and conditions; can be on more than one
document
clear and convincing evidence - correct answer-burden of proof that the plaintiff carries when
proving the existence of the oral K and the part performance.
click-wrap - correct answer-terms of use are presented to the user and the user must click
an assent to the terms before continuing; "I Agree" button; flaws: terms are drafted in favor
of the seller and users often do not read them
