Contracts -Where Courts are Divided

Contracts -Where Courts are Divided - the contract is...

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Contracts Where Courts are Divided Consideration Token Consideration, Whether or not it is valid. Whether to consider a psychological benefit or detriment as consideration. (?) Where there is no bargaining whether courts may forge an invalid bilateral contract into a valid unilateral contract. Central Adjustment Bureau v. Ingram Assent When under UCC § 2-207, terms are not additional but conflicting. Some courts (minority) say 2-207 meant to allow conflicting and additional terms; other courts (majority) use the knockout doctrine. Whether Restatement 15 cognitive test or behavioral test (whether unable to act reasonably and whether other party has reason to know of inability). Statute of Frauds Whether being excused within one year is the same as full performance within a year. Courts are not divided over whether death of the person performing a lifetime personal service contract makes it performable within one year, because
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Unformatted text preview: the contract is completed upon the death of the service provider. • Whether reliance on an oral contract satisfies the statute of frauds. • Settlements and Accords • Whether the amount of settlement should fall within the two claims. • Whether to recognize an accord (agreement to settle) without a settlement • Whether or not to recognize an executory accord. • Unconscionability • Whether you need substantive, procedural, both or either type of unconscionability. • (Anti-Competition Contract) Blue pencil rule (grammatically correct contract) and (majority) reasonable rewriting. • Whether nondisclosure is fraud or misrepresentation. • Miscellaneous • On reliance on open ended contracts, D&G Stout v. Bacardi . • Whether “all rights reserved” protects the receiver from “payment in full” declaration....
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This note was uploaded on 02/15/2008 for the course LAW 1090 taught by Professor Gegan during the Fall '03 term at St. Johns Duplicate.

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