Hey ... considering that our Contracts prof is all over the place and everyone is feeling like "what?" now that exams are around the corner, I thought I'd ask for some assistance. I have a good lexis outline that I'm going to sort through and compare to my notes since it seems to follow our class pretty well, but I'm wondering if anyone has just a checklist to go through on exam hypos to make sure you're getting everything (or if there is one online).
It must be the nature of Contracts profs to be "all over the place"--mine is, too. I went to a review session on Saturday, given by another section's K prof, and he organized his reveiw this way:What body of law is involved? UCC or common?Formation of K-->does K exist or not?
1) Offer and acceptance-->do they exist?
a) Look at communications btw. parties:
i) Offer, acceptance, counter-offer, revocation
ii) Mirror-image rule, 2-207-->varying acceptance? Add./Diff. terms?
iii) Option K? Restatement 87 or 2-205
iv) 2-204 and 2-206--> general principles to find K exists (goods)
2) What terms become part of K?
3) Consideration-->benefit/detriment and/or bargained-for-exchange
a) Illusory promise
b) Past consideration
4) Bilateral and Unilateral Ks
a) Classical approach (Petterson)
b) Modern approach (Caldwell Banker, Restatement 32, 45)
5) Express, Promissory Estoppel, Implied-in-fact, Implied-in-law Statute of Frauds
1) Does it apply?
a) UCC 2-201--> >$500, signed writing (sufficient? exceptions? linkage of series of writings?), quantity?
i) (2)Btw. merchants?
ii) (3)(c) goods or payment received/accepted?
b) Restatement 110-->1-yr. rule, realtyInterpretation
1) Contra-preferendum, Restatement 206
2) Restatement 201(2)-->interpreted against party with superior knowledge
3) Canons of Construction
4) Frigaliment case
a) Does Ct. determine K is ambiguous? (considers evidence--> not about parol evidence)
c) Corbin's rule
d) Is term reasonably susceptible to perferred meaning?
5) Course of performance, course of dealings, trade usage-->can add to agreement (UCC)
6) Parol Evidence Rule
a) Integration? (total or partial?) No? PER doesn't apply.
b) Is one party trying to introduce other terms? If so, do they:
i) Contradict? Prohibited if total or partial
ii) Supplement? Possible with total or partial
iii) Interpret? Permissible with total or partial
c) Merger clause?-->Restatement 210(b) says "evidence" of total integration
d) 4-corners approach
e) Any exceptions to PER?Implied terms and Good Faith
1) Implied terms that save K
2) Implied covenant in good faith and fair dealingPromissory Estoppel
1) Detrimental reliance on promise/assurances?
2) Must meet all elements for reliance damagesRestitution
1) Any benefit received with knowledge or consent?Promissory restitution/Material benefit
1) Any promise after benefit conferred?
2) Material benefit rule
I probably missed some stuff, but I'm just a know-nothing 1L.