What are the elements of fraudulent misrepresentation?
> How can conflicts in terms between an offer and its acceptance be avoided?
> Discuss, in the context of the parol evidence rule, “consistent additional terms,” “course of dealing,” “usage of trade” and “course of performance.”
> What is the difference between undue influence and duress?
> How do UCC provisions differ from the common law regarding modification of contracts?
> When an offeree’s acceptance includes terms in addition to or different from the offer, is performance to be measured by the offeror’s terms or the offeree’s terms?
> How do the common law and the UCC differ regarding an offeree’s acceptance that includes terms in addition to or different from the offer?
> How does the UCC change the effect of the common law of contracts regarding the requirement of definiteness?
> What difference does it make whether UCC Article 2 applies to a contract?
> 1. How is the duty of good faith and fair dealing defined? 2. To what type of contracts does the duty apply?
> Is a contract in which a sale of services and goods combined subject to the UCC?
> Will specific performance be granted on a breach of contract for personal services?
> Discuss rescission and restitution.
> 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.
> 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 might a contract be unenforceable under a licensing statute?
> 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?
