chapters 10_11_12

chapters 10_11_12 - 10 11 10 Accord 10 10 10 11 is a...

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10 Accord 11 Admissions 10 10 assignment 10 Bilaterial Mistake 10 breach of contract 11 browse-wrap terms is a contract to perform some act to satisfy an existing contractual duty An Oral contract for the sale or lease of goods is enforceable if they party against whom enforcement is sought An Admissions can be made in documents, including internal memos and employee reports that may be obtained during discovery prioor to trial anticipatory repudiation An assertion or action by a party indicating that he or she will not perform an obligation that the party is contractually obligated to perform at a future time. Before the time the contract performance, one party clearly counicates to the other their interntion no to perform - such an action is a breach of the contract by anticipatory repudiation It is treated as a material breach of contract, and the non breaching party is permitted to bring an action for damages imediately, even though the scheduled time for performance under the contract may still be in the future The act of transferring to another all or part of one's rights arising under a contract. the transfer of contractual rights to a third party. Rights are assigned unconditionally, the rights of the assignor are extinguished The third party has a right to demand performance from the otriginal party to the contract the assignee takes only those rights that the original assignor had A bilaterial o rmutual mistake occurs when both parties are mistakesn as to some matterial fact - that is a fact that is important to the subject matter of the contract when a bilaterial mistkae occurs, the contract can be rescinded or cancelled by either party The failure, without legal excuse, of a promisor to perform the obligations of a contract. the nonperformance of a contractual duty the breach is material when performance is not at least substantial Any breach entitles the nonbreaching party to sue for damages but only a material breach discharges the non breaching party from the contract Terms and conditions of use that are presented to an Internet user at the time certain products, such as software, are being downloaded but to which the user need not agree (by clicking I agree, for example) before being able to install or use the product. does not require an internet user to agree to the terms before saying download. A person can download software without say I agree to certain conditions
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11 click-on agreement 10 10 To cover direct losses and costs 10 10 condition 10 condition precedent 11 conforming goods Goods that conform to contract specifications. 10 An agreement that arises when a buyer, engaging in a transaction on a computer, indicates his or her assent to be bound by the terms of an offer by clicking on a button that says, for example, I agree; sometimes referred to as a click-on license or a click-wrap agreement. A binding contract can be created by conduct, including
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chapters 10_11_12 - 10 11 10 Accord 10 10 10 11 is a...

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