MBE Contracts - Barbri
Study online at https://quizlet.com/_f6opyz
1. Article 2 of UCC applies sale of goods, which are moveable personal property.
to
Doesn't matter what contract price is or whether sellers are merchants.
Applies to any sale of goods
2. Common law any non-UCC contract
3. Mark Fuhrman con- No real property not covered by Art 2
tracts to buy
Whiteacre. Does
Article 2 apply?
4. Mrs. Brady hires Lind- No; services not goods
say Lohan to babysit
the
"bunch." Does Article 2
apply?
5. Vin Diesel buys a Yes; SOG (sale of goods).
toupee. Does Article 2
apply?
6. Anthony Weiner buys Mixed contract, so ask, which element is more important? Here the guide
"The Guide to Texting." is more important, so use Article 2.
The
price includes a free
class. Article 2 or not?
7. Two of the nine articles 1. ARTICLE 2 applies to a sale of goods.
of the UCC are relevant 2. ARTICLE 2A applies to a lease of goods
to
Contracts:
, MBE Contracts - Barbri
Study online at https://quizlet.com/_f6opyz
8. You lease a convertible On MBE, you would apply common law.
from Avis Rent-a-Car. On Texas Bar Exam, would apply Article 2A of UCC which is like Art. 2.
What
law applies?
9. Contract A legally-enforceable agreement.
10. Express contract An express contract
is created by the parties' words (oral or written).
11. Implied in fact contract An implied-in-fact contract is created by their conduct.
12. Do different rules ap- No
ply to express and im-
plied in fact contracts?
13. Restitution (Quasi-Con- Not a contract at all; equitable remedy that protects against unjust enrich-
tract) ment; Protects against unjust enrichment whenever contract law yields
an unfair result. Restitution is the remedy of
last resort.
14. Chris Hemsworth oral- Yes otherwise wouldnt be fair. Sony would have gotten acting services for
ly agreed to work for free.
Sony
Pictures for five years
for $20 million per film.
After
"Blackhat" bombed,
Sony refused to pay
him for
the film. The Statute of
Frauds bars Chris from
enforcing the contract.
, MBE Contracts - Barbri
Study online at https://quizlet.com/_f6opyz
Can he recover from
Sony in
restitution?
15. Bilateral contract An offer can be accepted in any reasonable way.
16. Unilateral contract An offer can be accepted only by performing.
UNILATERAL contract
17. Reward, contest, or Unilateral
prize = unilateral or bi-
lateral K?
18. FIRST STEP OF AGREE- Was there an offer?
MENT PROCESS:
19. Offer definition A manifestation of an intention to be bound.
20. Ads = offers? An ad is not an offer, unless there's a quantity.
21. IHOP advertises in the No; because there's no quantity term. General case with ads.
Daily News: "Incredible
offer!
Breakfast special for
$2.49." Offer?
22. Indefiniteness issue See if any of the terms are too indefinite to be enforced.
with advertisements
23. Open price term Court will read in a "reasonable" price *except for a
contract involving the sale of real property.
24. Requirements Con- No number of cans in offer but that's ok; Art. 2 lets requirement be needs
tracts (Art. 2): Flatus or requirements. BUT if there's a sudden spike in needs or requirements,
, MBE Contracts - Barbri
Study online at https://quizlet.com/_f6opyz
Café offers to buy all its not okay under Art. 2 even if cafe ordering quantity in GF. Buyer cannot
requirements of beans take the seller by surprise. Increase cannot be way out of line with
from Seller for six years previous requirements. No brightline rule.
for $1/can.
Seller accepts the
café's offer. For the last
three
years, the café has or-
dered 1,000 cans a
year. Can
the café require Seller
to deliver 8,000 cans
this
year?
25. SECOND STEP OF WAS THE OFFER TERMINATED?
AGREEMENT
PROCESS:
26. 4 ways offer can be ter- Lapse, revocation, rejection, death
minated
27. 1. First way offer can An offer lapses after a stated term or after a reasonable
be terminated: Termi- time has passed.
nation by Lapse
28. On March 15, I offer to No; offer doesn't last forever even if there's no deadline.
sell Jennifer Lawrence
my Honda for $5,000.
My offer does not con-
tain
a termination date.
Can Jen accept my offer
Study online at https://quizlet.com/_f6opyz
1. Article 2 of UCC applies sale of goods, which are moveable personal property.
to
Doesn't matter what contract price is or whether sellers are merchants.
Applies to any sale of goods
2. Common law any non-UCC contract
3. Mark Fuhrman con- No real property not covered by Art 2
tracts to buy
Whiteacre. Does
Article 2 apply?
4. Mrs. Brady hires Lind- No; services not goods
say Lohan to babysit
the
"bunch." Does Article 2
apply?
5. Vin Diesel buys a Yes; SOG (sale of goods).
toupee. Does Article 2
apply?
6. Anthony Weiner buys Mixed contract, so ask, which element is more important? Here the guide
"The Guide to Texting." is more important, so use Article 2.
The
price includes a free
class. Article 2 or not?
7. Two of the nine articles 1. ARTICLE 2 applies to a sale of goods.
of the UCC are relevant 2. ARTICLE 2A applies to a lease of goods
to
Contracts:
, MBE Contracts - Barbri
Study online at https://quizlet.com/_f6opyz
8. You lease a convertible On MBE, you would apply common law.
from Avis Rent-a-Car. On Texas Bar Exam, would apply Article 2A of UCC which is like Art. 2.
What
law applies?
9. Contract A legally-enforceable agreement.
10. Express contract An express contract
is created by the parties' words (oral or written).
11. Implied in fact contract An implied-in-fact contract is created by their conduct.
12. Do different rules ap- No
ply to express and im-
plied in fact contracts?
13. Restitution (Quasi-Con- Not a contract at all; equitable remedy that protects against unjust enrich-
tract) ment; Protects against unjust enrichment whenever contract law yields
an unfair result. Restitution is the remedy of
last resort.
14. Chris Hemsworth oral- Yes otherwise wouldnt be fair. Sony would have gotten acting services for
ly agreed to work for free.
Sony
Pictures for five years
for $20 million per film.
After
"Blackhat" bombed,
Sony refused to pay
him for
the film. The Statute of
Frauds bars Chris from
enforcing the contract.
, MBE Contracts - Barbri
Study online at https://quizlet.com/_f6opyz
Can he recover from
Sony in
restitution?
15. Bilateral contract An offer can be accepted in any reasonable way.
16. Unilateral contract An offer can be accepted only by performing.
UNILATERAL contract
17. Reward, contest, or Unilateral
prize = unilateral or bi-
lateral K?
18. FIRST STEP OF AGREE- Was there an offer?
MENT PROCESS:
19. Offer definition A manifestation of an intention to be bound.
20. Ads = offers? An ad is not an offer, unless there's a quantity.
21. IHOP advertises in the No; because there's no quantity term. General case with ads.
Daily News: "Incredible
offer!
Breakfast special for
$2.49." Offer?
22. Indefiniteness issue See if any of the terms are too indefinite to be enforced.
with advertisements
23. Open price term Court will read in a "reasonable" price *except for a
contract involving the sale of real property.
24. Requirements Con- No number of cans in offer but that's ok; Art. 2 lets requirement be needs
tracts (Art. 2): Flatus or requirements. BUT if there's a sudden spike in needs or requirements,
, MBE Contracts - Barbri
Study online at https://quizlet.com/_f6opyz
Café offers to buy all its not okay under Art. 2 even if cafe ordering quantity in GF. Buyer cannot
requirements of beans take the seller by surprise. Increase cannot be way out of line with
from Seller for six years previous requirements. No brightline rule.
for $1/can.
Seller accepts the
café's offer. For the last
three
years, the café has or-
dered 1,000 cans a
year. Can
the café require Seller
to deliver 8,000 cans
this
year?
25. SECOND STEP OF WAS THE OFFER TERMINATED?
AGREEMENT
PROCESS:
26. 4 ways offer can be ter- Lapse, revocation, rejection, death
minated
27. 1. First way offer can An offer lapses after a stated term or after a reasonable
be terminated: Termi- time has passed.
nation by Lapse
28. On March 15, I offer to No; offer doesn't last forever even if there's no deadline.
sell Jennifer Lawrence
my Honda for $5,000.
My offer does not con-
tain
a termination date.
Can Jen accept my offer
