Judge decides as a matter of law ucc 2 302 absence of

This preview shows page 52 - 55 out of 76 pages.

We have textbook solutions for you!
The document you are viewing contains questions related to this textbook.
Physics for Scientists and Engineers
The document you are viewing contains questions related to this textbook.
Chapter 38 / Exercise 20
Physics for Scientists and Engineers
Jewett/Serway
Expert Verified
Judge decides as a matter of lawUCC §2-302; absence of meaningful AND reasonable termsContract preferendum is when court interprets K against whichever party wrote it.52
We have textbook solutions for you!
The document you are viewing contains questions related to this textbook.
Physics for Scientists and Engineers
The document you are viewing contains questions related to this textbook.
Chapter 38 / Exercise 20
Physics for Scientists and Engineers
Jewett/Serway
Expert Verified
SATNICK CONTRACTS OUTLINE 2015oPromissory Estoppel: equitable estoppel (promissory estoppel evolved from equitable estoppel)** statement made, other party relied, prevents you from denying it lateroReformation: doctrine which parties reach agreement and then enter into a written agreement which by accident doesn’t reflect what the actual agreement was, reform to make it match (onlyif they entered into an initial contract) need two contracts for reformationoDuty to Read / MistakeoFraud scienter / intent to deceive?GOOD FAITH1.Dalton v. Educational Testing Service (1995) GOOD FAITH IMPLIED IN Ka.Overview: Educational testing service breached its contract w/ student test taker but proper remedy was to require service to make a good faith consideration of rebuttal information submitted by student, rather than the release of the student’s test score.b.Issue: Is good faith and fair dealing implicit in all K’s including ones require party to use discretion?c.Rule: Implicit in all contracts is a covenant of good faith and fair dealing in the course of K performanced.Analysis: Per the K, ETS had to consider P’s evidence in good faith. The court did not decide whether P’s claim that he had mono was true; this was up to testing company. Demonstrates that courts desireto let K be what they are without judicial interference. Good faith, however, is murky. ETS can simply “look at” P’s evidence and still decide not to release the score. 2.Market Street Associates v. Frey (1991) DUTY OF GOOD FAITH BUT DON’T HAVE TO BABYa.Overview: summary judgment was not proper in breach of k action b/c issue was whether a lessor acted in bad faith in not notifying the lessee of a purchase price computation paragraph that k bore.b.Issue: Has a party breached §1-304 (GF) if it doesn’t attempt to act in best interest of other party?Implicit in all contracts is a covenant of good faith and fair dealing in the course of contract performance.RS §205: “every contract imposes upon each party a duty of good faith and fair dealing in its performance and its enforcement.”UCC §1-304 good faith cannot be disclaimedStill, good faith is hard, if not impossible to define. There’s no consensus on what terms meanUS courts are reluctant to apply the good faith standard**No obligation to negotiate in good faith per RS but if a K is modified then modification must be done in good faith b/c a K already exists and parties must perform in good faith53
SATNICK CONTRACTS OUTLINE 2015c.Rule: There is no duty of candor (disclosing everything) in UCC §1-304 b/c this section doesn’tcreate a fiduciary relationship.

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture