WHAT IS A CONTRACT?
HOW ARE CONTRACTS FORMED?
WHAT ARE THE CONSEQUENCES
FOR BREACH OF CONTRACT?
What Is A Contract?
Restatement 1 - Contract Defined:
A contract is a promise or a set of promises for
the breach of which the law g
CHAPTER 8 Duty of Care
I. DUTY GENERALLY
A. Concept: Generally, a person owes everyone else with whom he comes in contact a
general "duty of care." Normally, you dont have to worry about this duty it is the
same in all instances, the duty to behave w
PAROLE EVIDENCE RULE.1
Merger Clauses and Exceptions to PER3
- Implied Terms.4
- Implied Obligation of Good Faith and Fair Dealing.5
- Implied Warranties.6
Disclaimers of Warranties.8
Torts I Outline
Objectives of tort law
Instrument of public policy
3 main types of tort law:
3. Strict liability
I. Intentional Torts- volitional act done by D to P
1. Limited Duty
a. Failure To Act: A person generally cannot be liable in tort solely on the
grounds that he has failed to act
b. Pure Economic Loss: General rule states that there is no duty to protect
against economic loss
i. Negligent misrepresentation
Contract Fall Exam
Prof. John D. Haskell
Dec. 19th, 2013
3 Hour Exam (One Exam Question)
Students may bring outlines but no other materials into the room for the exam. The exam is
one question, with a three hour time frame to complete. Best of luck!
What body of law does this fall under?
Must determine if there is a valid k and what body of law applies
Article 2 of the UCC deals with the sale of goods or in other words moveable
The common law deals with all other transactions
UCC 1-103 hol
PAROLE EVIDENCE CHECKLIST
1. Written Agreement- have the parties memorialized their agreement in a writing?
a. No. If there is no writing agreement, then your inquiry ends here and the parole
evidence rule does not apply
b. Yes. If so, then the parole evi
o Previous promise to paint. Was this past consideration or a gratuitous promise?
o Oral agreement saying I will paint and also get straight bs and sam Washington in
response says I will give you money. Statute of Fraud
o Helping out more,
Contracts Practice Midterm
The first party we need to look at in relation to Bill Wilder is Horace Keefer. We need to
determine if there is a contract between the two. In order to determine that we nee