leb.pp.10 (Contracts spg 11)

leb.pp.10 (Contracts spg 11) - Chapter 10 Chapter Nature...

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Unformatted text preview: Chapter 10 Chapter Nature & Classification of Nature Contracts Contracts Overview of Contracts Overview Consideration a. Value --- agree to: a. Value ii. do something not otherwise legally . required to do * promise to fulfill pre-existing duty? OR ii. refrain from doing something otherwise have legal right to do * promise to refrain from prohibited activity? Overview of Contracts Overview Consideration b. Seal the Deal --b. Seal “In Exchange For” * Bargained for Bargained * Promise induces value Promise * Value induces promise Overview of Contracts Overview Capacity * Minors * Intoxication * Insanity, mentally incompetent Insanity, Classification of Contracts Classification Bilateral: promise for a promise promise promise Exchange of mutual promises to be Exchange performed at some later time Unilateral: promise for an act Unilateral promise act Offer phrased in such a way that it can be Offer accepted only by performance of a particular act particular Classification of Contracts Classification Example: I promise to pay you … if you promise promise to star in my movie * Bilateral Example: Reward --- $300 for return of my Example Reward missing dog missing * Unilateral Classification of Contracts Classification Precision Concepts v. General Employment Precision Assigned to the following students to brief and present in class on Thursday, April 21: 21: (1) Julie Burke (2) Jungan Heo (3) Estefania Llanos (3) (4) Hyung Jin Oh Classification of Contracts Classification Express: Words Implied-in-Fact: Conduct Quasi-Contract (implied in law): Prevent Unjust Enrichment Prevent a. Not a “true contract” a. Not b. Generally does not apply if service not rendered through negligence or other misconduct c. Generally does not apply when there is an not enforceable contract that provides a remedy Classification of Contracts Classification Carroll v. Lee Assigned to the following students to brief Assigned and present in class on Thursday, April 21: 21: (1) Simeon Beam (2) Catherine Hadjiloizou (3) Francisco Loredo (4) Rachel Rubin Classification of Contracts Classification Deskovick v. Porzio Assigned to the following students to brief Assigned and present in class on Thursday, April 21: 21: (1) Jennifer Fan (2) Mick Idrizovic (3) Rachelle Morato (4) Steven Wang Classification of Contracts Classification In re Halliburton Co. By continuing to work, Myers created an By continuing Myers implied-in-fact contract, even though he implied-in-fact even had no chance to negotiate terms had Classification of Contracts Classification Adhesion Contracts (“Take It Or Leave It”) Hartland Computer v. Insurance Man Assigned to the following students to brief Assigned and present in class on Thursday, April 21: and (1) Zohair Ahmad (2) Nicole Garcia (3) Lourdes Ibarra (4) Yadi Torres Uniform Commercial Code (U.C.C.) Contract Law: Contract (1) Common Law (judge-made) * Contracts for real estate, services Contracts (2) Statutory (U.C.C.) * Contracts for “goods” (tangible, moveable property) U.C.C. (Article 2) “Goods” v. “Services” Contracts Key Test: Key What is the contract’s predominant What purpose? purpose Is it predominantly a contract for goods, or goods or a contract for services? Brandt v. Boston Scientific Brandt Article 2 does not apply Article not Predominantly a contract for services Predominantly services U.C.C. (Article 2) U.C.C. “Goods” v. “Services” Contracts Epstein v. Giannattasio Article 2 does not apply Article not Predominantly a services contract services USM Corp. v. Arthur D. Little Systems Article 2 applies Article applies “Turn key” system is a “good” (services (services merely incidental) CISG CISG Uniform Code for International Commercial Uniform Contracts Contracts * Sale of goods (not services) goods * Commercial parties (not consumers) Commercial * Applies by default (unless parties have default opted out of CISG in their contract) opted ...
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This note was uploaded on 08/24/2011 for the course LEB 323 taught by Professor Baker during the Spring '08 term at University of Texas at Austin.

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