Category: Contracts
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Jacob & Youngs v. Kent
Jacob & Youngs v. Kent, 230 N.Y. 239 (1921). Facts of the Case: In “Jacob & Youngs v. Kent,” the plaintiff, Jacob & Youngs, was a building contractor who constructed a home for the defendant, Kent. The contract specified the use of a particular brand of pipe, “Reading pipe,” in the construction. However, the contractor…
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Contracts Law Quick Review
Introduction to Contract Law Begin with the basics of what constitutes a contract, including the requirements of offer, acceptance, consideration, and mutual assent. Understand the objective theory of contracts: that a contract is formed by the outward manifestation of intent to contract as interpreted by a reasonable person. The Formation of Contracts Offer: Know what…
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Contracts Attack Sheet for the California Bar Exam
What is the APPLICABLE LAW? The UCC governs the sale of goods, with applicable rules also applying to merchants. The Common Law are majority rules governing contracts other than the sale of goods. Mixed contracts are determined by the more important part of the deal, except divided contracts in which both UCC and common law…
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Corporations California Bar Exam Outline
CORPORATIONS Organization of corporation Formation requirements: people, paper, act Ultra vires activities De Jure Corporation: acceptance of Articles by the Secretary of State De Facto: good faith attempt to comply with the inc. statute. Corporation by Estoppel: one dealing w/ a business as a corp. may be estopped from denying the business’s corp. status. Promoters…
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UCC Contracts California Bar Exam Outline
CONTRACTS Which law governs? UCC if sale of goods “substantial part.” Merchant or non-merchant? Formation of Contract Offer – requires (1) an expression of a promise, undertaking or commitment to enter a contract, (2) certainty and definiteness of terms, and (3) communication to an identified offeree. Output Ks are valid (where seller commits to sell…
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Common Law Contracts California Bar Exam Outline
CONTRACTS Which law governs? If CL… Formation of Contract Offer – requires (1) an expression of a promise, undertaking or commitment to enter a contract, (2) certainty and definiteness of terms, and (3) communication to an identified offeree. Is the offer still alive? Lapse of time Rejection by offeree (counter; conditional acceptance; additional terms) Revocation…
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Contracts California Bar Exam Long Outline
CONTRACTS I. fORMATION Did the parties form an agreement? Three-Elements Mutual assent(offer and acceptance) Consideration(bargained for legal detriment)or a substitute; and No defensesto formation Mutual Assent (offer and acceptance) Offer: (i) an expression of promise, undertaking or commitment to enter into a contract; (ii) definite and certain in its terms, and (iii) communicated to the…
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Contracts Outline for the California Bar Exam
APPLICABLE LAW: CL v. U.C.C. UCC governs sale of goods. Goods = movable objects. UCC has special rules if both parties are merchants. Merchants = those who regularly deal in the particular goods. Common law – any K’s not governed by UCC are governed by CL (i.e. service K, real estate K) Mixed Goods/Services Test:…
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Contracts Outline: The UCC and Restatement Second of Contracts
Essential Supplements for Success in 1L Contracts: Contracts: Aspen Roadmap Law Course Outline (Aspen Roadmap Law Course Outlines) Emanuel Law Outlines: Contracts, Tenth Edition Contracts Generally When analyzing contractual issues you must first examine whether the contract is covered under the Uniform Commercial Code (UCC) or the Restatement Second of Contracts. The UCC will cover…