STUVIA 2024/2025
Contracts 2 Flashcards
Sale of goods by a merchant that is unacceptable to the general public or cannot meet
it's ordinary functions (product is shit, lawn mower not working) - ✔✔Implied Warranty
of Merchantability
The bargaining process and terms of the contract are so one-sided they are
fundamentally unfair - ✔✔Unconscionability
We assume that the parties would have agreed to these terms had they addressed
them - ✔✔Implied Terms
We assume that the parties would have agreed to these terms had they addressed
them - ✔✔Non-Compete agreements are unenforceable when
Party must use medical or expert testimony to prove mental incapacity (minority view) -
✔✔Things needed for a mental incapacity defense
%
Person is unable to understand - ✔✔Cognitive Test
1. Unable to act reasonably
2. Other party knows of the incapacity - ✔✔Volitional Test
1. Discussion of the transaction at an unusual or inappropriate time
2. Insistent demand that business be finished at once.
3. Use of multiple persuaders
4. Statements of 'little time' to discuss, now - ✔✔Unfair Persuasion Examples
Was the party's reliance on the statement reasonably justified? - ✔✔Puffery
1. No meaningful choice
2. Unreasonably favors one side
(overly harsh, forced arbitration, unfamiliar language/urgency - ✔✔Unconscionability
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, STUVIA 2024/2025
1. Exclusive agreement (between 2 parties)
2. Silent on efforts
=Therefore imply best efforts - ✔✔What to assume on silent efforts?
1. Sale of goods UCC
2. Indefinite duration
3. Silent on notice=reasonable notice for termination - ✔✔Contract about sale of
goods that is silent on termination notice?
Would an objetively reasonable person be satisfied? - ✔✔Satisfaction Objective
"Personal aesthetics or fancy" But still requires good faith. - ✔✔Satisfaction
Subjective
Buyer relies on expertise/knowledge of the seller
-Seller as the knowledge that buyer is using it for a particular purpose (good for a
misrepresentation claim) - ✔✔Implied Warranty of fitness
%
Material if believed to be true but not. - ✔✔Misrepresentation
Know it's incorrect when intended to induce the party's assent and includes claims
made by someone who knows/believes is to be correct - ✔✔Fraud
Party's assent was induced by a improper threat that left the party with no reasonable
alternative but to assent (tort, can be a unreasonable threat) - ✔✔Duress
Defendant justifiably relied on the other party's untrue factual assertion that induced
the defendant's assent to the contract (car mileage ex). - ✔✔Misrepresentation
Actual statements or representations expresssed about the quality or nature of the
good from the seller.
-Had to of been some sort of basis for the parties to enter into the contract for the
product. - ✔✔Expressed Warranty
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Contracts 2 Flashcards
Sale of goods by a merchant that is unacceptable to the general public or cannot meet
it's ordinary functions (product is shit, lawn mower not working) - ✔✔Implied Warranty
of Merchantability
The bargaining process and terms of the contract are so one-sided they are
fundamentally unfair - ✔✔Unconscionability
We assume that the parties would have agreed to these terms had they addressed
them - ✔✔Implied Terms
We assume that the parties would have agreed to these terms had they addressed
them - ✔✔Non-Compete agreements are unenforceable when
Party must use medical or expert testimony to prove mental incapacity (minority view) -
✔✔Things needed for a mental incapacity defense
%
Person is unable to understand - ✔✔Cognitive Test
1. Unable to act reasonably
2. Other party knows of the incapacity - ✔✔Volitional Test
1. Discussion of the transaction at an unusual or inappropriate time
2. Insistent demand that business be finished at once.
3. Use of multiple persuaders
4. Statements of 'little time' to discuss, now - ✔✔Unfair Persuasion Examples
Was the party's reliance on the statement reasonably justified? - ✔✔Puffery
1. No meaningful choice
2. Unreasonably favors one side
(overly harsh, forced arbitration, unfamiliar language/urgency - ✔✔Unconscionability
stuvia
, STUVIA 2024/2025
1. Exclusive agreement (between 2 parties)
2. Silent on efforts
=Therefore imply best efforts - ✔✔What to assume on silent efforts?
1. Sale of goods UCC
2. Indefinite duration
3. Silent on notice=reasonable notice for termination - ✔✔Contract about sale of
goods that is silent on termination notice?
Would an objetively reasonable person be satisfied? - ✔✔Satisfaction Objective
"Personal aesthetics or fancy" But still requires good faith. - ✔✔Satisfaction
Subjective
Buyer relies on expertise/knowledge of the seller
-Seller as the knowledge that buyer is using it for a particular purpose (good for a
misrepresentation claim) - ✔✔Implied Warranty of fitness
%
Material if believed to be true but not. - ✔✔Misrepresentation
Know it's incorrect when intended to induce the party's assent and includes claims
made by someone who knows/believes is to be correct - ✔✔Fraud
Party's assent was induced by a improper threat that left the party with no reasonable
alternative but to assent (tort, can be a unreasonable threat) - ✔✔Duress
Defendant justifiably relied on the other party's untrue factual assertion that induced
the defendant's assent to the contract (car mileage ex). - ✔✔Misrepresentation
Actual statements or representations expresssed about the quality or nature of the
good from the seller.
-Had to of been some sort of basis for the parties to enter into the contract for the
product. - ✔✔Expressed Warranty
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