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What does "In Writing" mean? 2 ways... - ✔✔Written K and Memo
signature required to enforce signature against someone. Examples of
signatures? - ✔✔Longhand, initials, letterhead and watermark
True or False? Oral agreement followed by a legal memo is sufficient? -
✔✔True.
Memo sufficient as long as contains what information? - ✔✔Subject matter
of K, parties and consideration( price)
When can you have multiple writings be joined to satisfy requirement? -
✔✔1. Writings are physically attached to one another
2. Writings refer to one another
3. Writings clearly have to do with one another
Definition to Parole Evidence Rule? - ✔✔Neither party can introduce
"parole" outside evidence in court for the purpose of adding to or changing
the terms of the contract
Exceptions to parole evidence rule. - ✔✔1. K is incomplete
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,2. K is ambiguous
3. K contains mistake/ typo
4. evidence K induced by fraud, duress, etc.
Who is the offeror? - ✔✔one who offers
Who is the offoree? - ✔✔one to whom the offer is make?
Bilateral K - ✔✔Promise for a promise; the exchange of mutual promises,
the actual performance to occur at some later time
Example of Bilateral K - ✔✔Professional Football club sends a K to one of
its players in June, offering $800,000 for the upcoming season.
Unilateral K - ✔✔promise for performance; offer can only be accepted by
the performance of a particular act
Express K - ✔✔intentions of the parties are explicitly and fully stated in the
terms either orally or in writing.
Implied K - ✔✔no words where to base contract; conduct creates
agreement
quasi K - ✔✔no contract; contract gets imposed because parties didn't
draw one; return reasonable value for service rendered
Examples of implied K - ✔✔barber shop, restaurant, taxi cab, cleaners
Valid K - ✔✔all elements there; enforceable against both parties
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, Void K - ✔✔not all elements there; invalid, never existed
voidable k - ✔✔ok to begin with, but parties can walk away without breach;
problem with element of capacity
unenforceable K - ✔✔valid to begin with, but subsequently rendered
unenforceable because of the application of some law
Negotiated K - ✔✔K's agreed upon after a certain amount of bargaining
Adhesive K - ✔✔one party usually has superior bargaining power than the
other party; "take-it-or-leave-it"
examples of adhesive K - ✔✔leasing agreements, hospital admissions
elements of K - ✔✔agreement [offer + acceptance]
consideration
legality
capacity
Sales law is governed by what? - ✔✔UCC- Uniform Commercial code
Article 2 of the UCC is adopted by all states except? - ✔✔Louisiana
Sales Law - ✔✔1. Sale: the passage of title from seller to buyer for a price
2. good
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