ContractModelAnswers-Crespi

ContractModelAnswers-Crespi - 1 CONTRACT MODEL ANSWERS Q....

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CONTRACT MODEL ANSWERS Q. 1, pg. 3 – case involving cameras for sale to 6 people, classical KX governed by the UCC – mandatory authority, common law = persuasive cameras are defined as goods by the UCC A) Has Carol made an offer? (YES) o UCC doesn’t define offers, So therefore, use 1-103 “back door” to go to common law o Offers are promissory and definite o Analysis Promissory – “I am offering you”, but ? is the “buy or call for info” Definite - ? is advertisement or ordinary offer If adv. – then why is it focused on people so well known? If ordinary offer – you can raise too many accept problems however, this is an offer due to it is not an advertisement, there is an implied “first come first serve” when she says offering to other people, and it is definite in price B) Is there a KX b/w Carol and Susan? If so, what are the terms? o Classical KX formation has an offer, acceptance, MA, and C o 10/4 response -- Jane says, “I reject. .” – this kills offer to her, not all five others o 10/5 response – Susan says, “I decided not to by the Polaroid camera. .” is this a rejection of both cameras? Or one? – SCOPE of REJECTION? Is the rejection effective when received by answer machine or when heard on the machine by Carol? If rejection not effective till hear it, Carol revokes, then Susan accepts – is this a problem? o Under 2-205 – if merchant, “hold until ____”, Carol can’t revoke until the day of 10/8 – Carol is a merchant, therefore can’t revoke. o When Susan accepts for both, kx for both if rejection effective when on the answer machine, and then Susan accepts offer, is it for the Polaroid or Icon? o For the Icon, b/c now Susan accept for the other is a counter offer, Carol rejects that, but has to accept the icon o KX for the Icon C) Is there a KX b/w Carl and Jim? o Jims arguments 2-205 – if merchant, have to hold open until 10/8 if could revoke, then actual knowledge to offeree o Carols Arguments Can’t revoke, that is right, But, it is implied a “first come, first serve” so offer dies automatically when sold o Jim loses, no KX 1
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Q. 2, pg. 4 – services problem, painting walls – Airway v. Burns this inovolves services, (painting walls), UCC only persuasive must look to classical – offer, acceptance, mutual assent, consideration – to see if there is a KX Is there an offer? o Must be promissory and definite o 6/1 letter Promissory – Yes It communicates a willing to negotiate by saying “we offer” Definite – No due to home office approval clause It is definite in terms of price (3500), time of performance (weekend of june 15-16), type of work (painting walls, interior and exterior) and location (7777 preston road) It is NOT definite due to H/O approval clause, which makes it reserve the right to close the deal at a later time, just preliminary negotiations o 6/4 letter, response form B to A
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This note was uploaded on 04/13/2008 for the course LAW 101 taught by Professor Crespi during the Fall '08 term at SMU.

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ContractModelAnswers-Crespi - 1 CONTRACT MODEL ANSWERS Q....

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