Contracts II – Professor Martin

Contracts II – Professor Martin - Contracts...

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Contracts II – Professor Martin REMINDER: ALWAYS COMPARE/CONTRAST FACTUALLY SIMILAR CASES I. Which law applies? a. UCC 2-102 and UCC 2-105 II. Is there a contract? a. Restatement 1, 2, 17, 18, 22 b. Mutual Assent i. Restatement 24, 27 c. Consideration i. Restatement 71 III. Does it fall within the Statute of Frauds? a. Restatement 110 IV. Can the contract be avoided? a. Mistake i. Restatement 151, 153 b. Misrepresentation i. Restatement 159, 162 (Fraud) V. What does the contract say? a. Identify Express Terms i. Look to the Writing ii. Look to Extrinsic Evidence 1. What is the extrinsic evidence being used for? 2. Parol Evidence Rule a. Is the K an integration? R 209-216 i. UCC 2-202 ii. Gianni v. R. Russell and Co. (Four Corners) iii. Masterson v. Sine (Modern Rule) b. Does the added term constitute a collateral agreement? i. Lee v. Seagram ii. Is there a merger clause? 1. Nelson v. Elway b. Interpret Express Terms i. Is the term ambiguous? ii.
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Contracts II – Professor Martin - Contracts...

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