How is the enforcement of a promise based on promissory estoppel different than an
enforcement of a contract that is enforceable based on consideration?
Consideration is the price the promisee pays for the promisors performance. A
contract that is b
Why was unforeseen circumstances forcing a shipping company to travel around Cape
Horn instead of through the Suez Canal NOT enough to allow a defense of
Unforeseen circumstances forcing a shipping company to travel around Cape Hor
What is the difference between the UCC "perfect tender" rule and the common law rule
on non-conforming goods?
The UCC "perfect tender" rule says that a seller can ship imperfect goods (goods that
dont exactly match the customers specifications) and
How does an option contract work to make an offer irrevocable?
An option contract holds the offer open for a fixed period of time, as long as the option
is in writing and nominal consideration has been made.
In addition to the fact that the terms were unfair, what additionally has to be shown in
most cases to maintain a contract defense of unconscionability?
In most cases of unconscionability, there is some element of unfair surprise, where the
1.) Is the acceptance binding?
Yes, the acceptance is binding because per UCC 2-207(1), additional terms do not affect/negate the
acceptance in which Terra Inc made the initiation to place an order to Yarner Inc and made a purchase
order. When Yarner Inc
Professor: Howard Leib, Brett Bauman
Background Facts: Bernie, who lives in Richmond, VA, posts an ad to sell his 2006 Ford Fusion for
$13,500. Vivian makes an offer of $12,000 but they negotiate and she agrees to a
THIS SALES AGREEMENT (the "Agreement") dated this 19 day of November, 2016
Brenda's Widgets, Inc of 123 Main Street, Podunk, Iowa
- AND Jim's Hardware of 456 First Street, Secondville, Michigan