Contracts 2 Short Outline

Contracts 2 Short Outline - Contracts 2 Short Outline A...

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Contracts 2 Short Outline A. Statute of Frauds a. Six Types of Ks – SMEL15 b. Writing Requirements – WCS and quantity (UCC) or essential terms ( Restatement ) c. Exceptions – R, PP, SG , A, C , W, EE, PE ( italics = UCC) B. Parole Evidence Rule a. Writing? P/C evidence? Final? Contradict? Fully Integrated? i. UCC -evidence not included if it would certainly been included in writing ii. Restatement -evidence included if it might naturally be omitted from writing C. Interpretation a. 3 types of ambiguity; only enforced if one reasonable interpretation and one not b. judge determines if ambiguity exists, and jury determines the meaning c. Order -words of K CoPerformance CoDealing trade usage public policy (maybe) D. Avoidance Based on Pre-Contracting Conditions a. Misunderstanding/Bilateral Mistake – 4 part test (SE, BA, ME, R) b. Warranties c. Unilateral Mistake – 5 part test (EF, BA, ME, R, EFR)
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Contracts 2 Short Outline - Contracts 2 Short Outline A...

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