How might a contract be unenforceable under a licensing statute?
> What is the difference between a liquidated damages provision and a penalty provision in a contract?
> When is a party’s reliance on another’s misrepresentation not justifiable?
> What are punitive damages?
> What are consequential damages?
> What are compensatory damages? What is the standard measure of compensatory damages?
> How does the impossibility of performance discharge a contract?
> What is the difference between a rescission and a novation?
> Does an injured party have a duty to mitigate damages?
> Discuss the degrees of performance.
> What is a creditor beneficiary?
> What factors indicate that a third party beneficiary is an intended beneficiary?
> What happens if the delegatee fails to perform?
> What is the definition of scienter?
> What duties cannot be delegated?
> What is the difference between an assignment and a delegation?
> What problems arise when notice of an assignment is not given to the obligor?
> What rights can be assigned despite a contract clause expressly prohibiting assignment?
> What rights cannot be assigned?
> When do the rights of a third party beneficiary vest?
> How do assignments function?
> What is not admissible under the parol evidence rule?
> What is required to satisfy the writing requirement of the Statute of Frauds?
> What happens if the party against whom enforcement of an oral contract is sought admits in court that a contract was made?
> When can a contract be set aside because the seller has not volunteered certain pertinent information?
> What effect does part performance have on the enforcement of an oral contract?
> What is the “main purpose” rule?
> What is a collateral promise?
> Explain the one-year rule.
> Why do certain contracts have to be written to be enforceable?
> What are the reasons for the parol evidence rule? What are some criticisms of these purposes?
> What is the Statute of Frauds?
> In what circumstance does undue influence occur?
> When does a deceived party have to show that he or she suffered an injury to recover on the basis of fraud?
> How important is a deceived party’s reliance on another’s misrepresentation to establishing a case against a deceiving party?
> How does the presence of fraud affect an innocent party’s consent to a contract?
> In the context of fraudulent misrepresentation, when does a party evidence an intent to deceive?
> The elements of fraudulent misrepresentation include misrepresentation of a material fact. Discuss this element.
> What are the elements of fraudulent misrepresentation?
> Why are mistakes of value not accorded the same relief as mistakes of fact?
> Does a unilaterally mistaken party have any right to relief?
> What is duress?
> What is the legal significance of the difference between a mistake of value and a mistake of fact?
> Discuss adhesion contracts.
> When do courts enforce exculpatory clauses?
> What is an exculpatory clause and when is such a clause held to be unenforceable?
> What is the difference between a unilateral mistake and a bilateral mistake?
> Is a covenant not to compete legal?
> Why is a contract in restraint of trade sometimes considered unenforceable as contrary to public policy?
> Why are some contracts unenforceable as contrary to public policy?
> How do gambling laws regulate gambling?
> What are exceptions to the rule that a court will not enforce an illegal agreement?
> Discuss statutes that make specific agreements or parts of agreements illegal.
> When is a contract made by an incompetent person voidable?
> Under what circumstance is a contract made by a mentally incompetent person void?
> What effect does intoxication have on persons’ contractual capacity?
> In what situation can a party to an illegal contract enforce it against the other party?
> 1. When are parents liable for their minor children’s contracts? 2. How does emancipation affect a minor’s capacity to contract?
> How does ratification affect minors’ contracts?
> What effect does contracting for necessaries have on a minor’s right to disaffirm?
> What effect does a minor’s misrepresentation of age have on his or her right to disaffirm?
> What is a minor’s obligation on disaffirmance?
> In what situation is a contract made by a mentally incompetent person valid?
> What is the minor’s right to disaffirm a contract?
> When is consideration legally sufficient?
> Discuss the doctrine of promissory estoppel.
> Discuss agreements to settle claims.
> What is the definition of unconscionable?
> What is an illusory promise?
> What are some of the exceptions to the preexisting duty rule?
> Can a preexisting duty satisfy the requirements of consideration?
> The courts generally do not weigh the sufficiency of consideration according to the comparative economic value of what is exchanged. Should they? Why or why not?
> In most circumstances, parties are free to make whatever promises they wish, but only those promises made with consideration may be enforced as contracts. What is the purpose of this requirement?
> What are the circumstances in which a court will question whether consideration is adequate?
> What is consideration?
> Are there international treaties that can affect e-contracts?
> Can parties to a contract that would otherwise be covered by the UETA choose to waive its provisions?
> When does the UETA apply, and what is its effect?
> When is a contract in restraint of trade enforceable?
> Is a court likely to enforce a click-on agreement?
> What is unequivocal acceptance?
> Who may accept an offer?
> How do the parties terminate an offer?
> Why must a contract have “reasonably definite terms” and how “definite” must the terms be?
> Under what circumstances might silence be considered to constitute the acceptance of an offer?
> In the context of an offer, how are intent and its seriousness determined?
> What is the plain meaning rule?
> What are the differences among valid, void, voidable, and unenforceable contracts?
> How does a party distinguish between an executed and an executory contract?
> When a person contracts with an unlicensed individual, in what circumstance is the contract enforceable?
> What are some of the remedies that a party can obtain from a court to make a wrong situation right?
> What is the difference between a formal contract and an informal contract?
> What might be the most important term of an implied contract to perform work?
> How does a quasi contract differ from an express or an implied contract?
> What is the difference between express and implied contracts?
> What distinguishes a bilateral contract from a unilateral contract?
> What are some of the other rules regarding the interpretation of contracts?
> What is the objective theory of contracts?
> What entities might pay hackers to commit some of the crimes described in this chapter?
> The media has exposed Web sites that purported to sell tickets to certain concerts and would accept credit and banking information from would-be buyers but did not deliver the tickets. What can consumers do to avoid being duped by such fraud?
> Suppose that a suspect has multiple e-mail accounts, regularly uses the Internet, is sophisticated with computers, and knows how to protect access to passwords and accounts but denies having computer expertise or owning the devices that he or she clearly
