Contracts in a Nutshell
Contract Formation; Restitution (Unjust Enrichment); Statute of Frauds: Contract Interpretation; Contract Modification; Defenses; Remedies; Performance; Third-Party Beneficiaries; Assignment of Rights and Delegation of Duties: Events That Excuse Performance; Discharge.
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The Traditional Approach Bilateral
Notice of Acceptance
Proposed Modifications to U C C 2207
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action adhesion contracts agreed agreement anticipatory repudiation apply arise assent assignment Assume avoid bargained exchange basis benefit breach buyer circumstances common law consideration contract law contract terms counter-offer creditor damages debtor defense delegation determine discharge duty to pay effective excused existing expression of acceptance fact form a contract frustration of purpose implied infra interpretation involves jurisdictions legal detriment liability mance meaning ment misrepresentation mistake modification negotiate obligation offer offeree offeree's offeror oral contract ordinarily parol evidence rule party's payment permit person plaintiff presently bound prior promise to pay promisor promissory estoppel provides question reason to know received recover recovery rejection reliance remedy rendered Restatement section restitution result return promise revoke rule sell seller situation specific standard statute of frauds substantial sufficient supra terminate third party beneficiary tion tort tract transaction U.C.C. section unenforceable unilateral contract unjust enrichment valid warranty writing requirement