Schmitz - Ks - Fall 2004 - Checklist

Schmitz - Ks - Fall 2004 - Checklist - IS THERE A K? Offer,...

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IS THERE A K? Offer, Acceptance, Consideration Other –Prom Estop, Unjust enrich, Past perf/moral obligation, Implied in Law Ks IS K VOIDABLE? Defenses Modifications ? Are the valid? (2-209, Rest 73-Pre-existing duty rule) Terms ? Express, Implied/promises –What are they and are they valid? o Express vs. Puffing (2-313) o Inchoate agreements (2-305) Implied warranties? UCC 2-314, 2-315 o GF? (also in solicitation of bids and emp K (1-203, Rest 205) Disclaimer Warranties (2-719, 2-316: must be conspicuous) Limitations of Remedies SOF ? (2-201,124-on)Over $500, land, suretyship, (Exceptions: Estoppel-Reliance/Part Perf/Admission/Oral Modification/waiver) PER ? (Exceptions: oral conditions/consistent terms/ambiguity/u/t/c/d) (2-202, 210 compl and part integrated Ks) IS THERE A BREACH? –Parties have a right to a bargained for exchange. K interpretation – K lang-227/express terms, c/p, c/d, u/t, (opportunistic breach/efficiency breach)
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Schmitz - Ks - Fall 2004 - Checklist - IS THERE A K? Offer,...

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