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| Abbreviation: Uniform Commercial Code |
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Offer
Acceptance
Consideration
Capacity
Legality |
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Contracts for the sale of goods and services
Rule: Predominate Test |
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Which is greater in the mixed contract.
Is the costs of goods greater or is the cost of services greater? |
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Has all 5 elements of K
-Enforceable in court |
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Missing one or more elements of K
-Not enforceable in court--cant make the other party perform |
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Can be avoided by one of the parties
-usually minors or insane people can "get out of" a contract |
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A promise for a promise
-The offeror is looking for a promise from the promisee |
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A promise for an act
-Offeror is looking for an act |
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K must be in a particular form
-Example: check |
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| No particular form needed to be enforceable |
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| Most are enforceable if oral |
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Need to be in writing to be enforceable
3 Ks:
-A K for the sale of land
-A K that cannot be performed within a year
-A K for the sale of goods greater than $500
(Withing the Statute of Frauds) |
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Oral or Written
All 5 elements are "expressed" |
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Not oral or written
All 5 elements through gestures (implied, pantomime) |
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Quasi-contracts
"To prevent unjust enrichment" the court will declare K exists even though some elements are missing |
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| Receiving something for nothing |
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