Term
| Evidence of an offer to settle a claim is admissible only where: |
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Definition
| It is an offer to pay medical expenses and is accompanied by severable admissions by the party, OR where the offer is made in a manner that shows witness bias or obstruciton of testimony |
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Term
| For an offer to be valid it must meet two requirements: |
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Definition
1. An outward manifestation
2. that signals that acceptance will conclude the deal |
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Term
| Offers can be revoked in 4 ways |
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Definition
1. Lapse of Time
2. Death or incapacity
3. revocation by offeror
4. rejection by offeree |
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Term
| Where an offer is made through an advertisement, how can it be revoked even if potential offerees arent expressly aware? |
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Definition
| By revoking the offer in a functionaly equivalent way the same as how the offer was given. |
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Term
| Under Common Law can an offeree revoke his offer even if he said he would hold it open for a certian period? |
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Definition
| Yes, unless there is an option contract or firm offer |
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Term
| A option contract that holds an offer open requires three Things. |
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Definition
1. An offer
2. A promise to keep it open
3. that is supported by additional consideration |
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Term
| Under the UCC, how is a Firm Offer made without consideration? |
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Definition
1. A merchant.
2. Makes an offer in Writing
3.That expressly says how long the offer will last |
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Term
| What is a unilateral contract and how is it formed? |
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Definition
A unilateral contract arises where the offer seeks performance in return to represent acceptance. The offeree is never bound to perform and the offeror is only bound when the offeree completes performance. Under the modern law, once the offeree completes performance an option contract is created.
NOTE: the mailbox rule does not apply to unilateral contracts. |
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Term
| When can silence constitute acceptance? 3 Circumstances |
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Definition
1. Where the offeree takes the benefit of the offerors services with a reasonable opportunity to reject them and with reason to know of the offerors intention.
2. where the offeror has given the offeree reason to understand that acceptance mat be communicated by silence, the offerees silence will be effective if she intends it to be
3. Due to previous dealings it is reasonavle that the offeree should notify the offeror if he does not intend to accept an offer. |
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Term
| Under the UCC when does the Mirror Image Rule not apply? 2 |
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Definition
1. Shipment of non-conforming goods
2. The battle of the forms |
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Term
| In transactions with non-merchants what happens to additional or different terms that are added during acceptance? |
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Definition
| The terms are mere proposals to be accepted or rejected if the other party decides |
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Term
| Under Battle of the Forms between merchants, when do additional terms become part of a contract |
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Definition
Additional terms which dont contradict other terms will become part of the contract unless:
1. the offer expressly limits acceptance to the terms of the offer
2. the offeror expressly objects to the additional terms within a reasonable time after recieving notice of them
3. the additional terms would meterially alter the contract |
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Term
| What happens to different terms in the Battle of the forms between merchants? |
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Definition
| Different contradicting terms are "knocked out" and replaced by UCC gap fillers |
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Term
| How can a promise without consideration be enforced in PA? |
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Definition
1. the Promise is made in an express writing
2. It is signed by the party to be charged
3. The signor intended to be legally bound |
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Term
| What is an illusory Promise? |
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Definition
| A promise to perform that leaves performance to the discretion of the promosing party is not enforceable |
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Term
| What is a gratutious promise? When can a gift be enforced? |
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Definition
A promises to give his car to B. No consideration = unenforceable.
A gift can be enforced where the gift has been delivered with an intention to bestow the gift, and the gift is accepted by the other party |
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Term
| When will promissory estoppel be applied? |
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Definition
1. Where there was a promise
2. It was forseeable for the party to rely on the promise
3. They actually did rely on the promise
4. There would be injustice if the promise is not enforced. |
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Term
| The Statute of Frauds requires contracts to be in writing under the following circumstances: 6 |
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Definition
1. Marraige contracts
2. Contracts that cannot be completed within one year (NOT IN PA)
3. A contract for the sale of land
4. A gaurantee of suretyship
5.Sales of goods 500$ or more
6. Executor |
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Term
| Under the UCC what is the only required term under the Statute of Frauds |
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Definition
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Term
| Specially manufactured goods are not subject to what |
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Definition
| The statute of frauds if the manufactuter has substantially begun to manufacture goods that are not suitable for sale to others in the ordinary course of the sellers business |
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Term
| What are the required elements of a "Writing" to satisfy the SOF? |
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Definition
1. A Writing
2. Identity of the parties
3. Nature and subject matter of the contract
3. Essential terms of the unperformed promises in the agreement |
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Term
| Parole evidence is allowed in to interpret amiguous language where it comes from: 3 |
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Definition
1. Course of Dealing
2. Trade usage
3.Prior dealings |
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Term
| The Parole Evidence Rule States |
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Definition
| Where parties have adopted a writng as their agreement and intend that the writing represent their full agreement, no evidence can be admitted to vary, contradict add to subtract from the obligaitons in the wrirting |
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Term
| In a non-UCC contract how can a contract modification be madE? |
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Definition
| Modifications to non-ucc contracts must be supported by new consideration |
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Term
| How can a contract be modified under the UCC |
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Definition
| Under the UCC - contracts can be modified merely with good faith |
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Term
| What is a unilateral mistake and how does it affect a contract between parties? |
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Definition
When only one party to the contract is operating under a fulty assumption about material facts as they exissted at the time of contracting.
It does not excuse performance UNLESS the other party knows or has reason to know of the mistake, or the mistake was a clerical error |
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Term
| What is a mutual mistake and how does it affect contracts between parties? |
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Definition
| A mutual mistake occurs when both parties have labored under a common faulty assumption regarding present facts. The contract will be voidable by the disatvantaged party where both parties are mistaken. |
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Term
| The doctrine of impossibility |
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Definition
| requires the contract to be OBJECTIVElY impossible to perform because of some contingency that was not known to the parties at the time of contracting |
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Term
| How does the Doctrine of impractibility work |
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Definition
| A promisor may be excused from performance where unforseen difficultie have made performance prohibitevely expensive or otherwise extremely burdonsome |
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Term
| Can an expert witness testify as to his opinion on an ultimate fact of a case? |
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Definition
| YES BUT ONLY IN CIVIL TRIALS |
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Term
| Is an assertion of identity over the telephone enough of a foundation to admit statmenets made during the telephone call? |
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Definition
| NO, additional evidence is required. |
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