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?
> What are the primary functions and powers of the Consumer Products Safety Commission (CPSC)?
> What are some of the tactics that may not be used by collection agencies to collect debts?
> At what price does a sale of goods require a writing?
> What should a consumer do, before applying for credit, to avoid disputes?
> When must a recipient of unsolicited merchandise return the merchandise to the sender?
> How do state and federal laws regulate door-to-door sales?
> What are some of the actions that may be taken by the FTC against deceptive advertising practices?
> How does a bait-and-switch advertisement work?
> Should laws against bait-and-switch advertising be abolished?
> What is puffery?
> Can an injured bystander recover from a manufacturer or seller on a strict liability theory?
> What are the requirements for a cause of action in strict liability in a product liability suit?
> To avoid liability on a negligence theory in a product liability suit, to what extent must a manufacturer exercise due care?
> What is a collateral promise?
> In what ways does the Magnuson-Moss Warranty Act modify UCC rules on implied warranties?
> When does a cause of action accrue for breach of warranty?
> What effect does a buyer’s examination of the goods before contracting have on implied warranties?
> How can implied warranties of merchantability and fitness for a particular purpose be disclaimed?
> If warranties are inconsistent, what are the priorities?
> Other than immediate sellers and manufacturers, who may be subject to strict liability?
> What is the difference between express warranties and puffery?
> When can a buyer or lessee revoke acceptance?
> What damages can a buyer recover?
> 1. When is a seller entitled to recover damages? 2. What is the measure of the damages?
> When does the one-year period of the one-year rule begin?
> When can a seller reclaim goods?
> When does a seller have a right to withhold delivery?
> What are the buyer or lessee’s obligations regarding performance?
> What does the perfect tender rule require?
> What does the obligation to “tender delivery” require?
> 1. Under what circumstances does a buyer or lessee have a right to reject goods? 2. When can a buyer or lessee obtain specific performance?
> What does “good faith” mean under the UCC?
> Who bears the risk of loss when a contract is breached?
> When does risk pass in a sale on approval?
> For purposes of the entrustment rule, what is “a buyer in the ordinary course of business”?
> What is the primary purpose of the Statute of Frauds?
> In an international contract, what does an arbitration clause provide?
> When does risk pass (a) when the buyer is to pick up the goods and the seller is a merchant? (b) When the buyer is to pick up the goods and the seller is not a merchant? (c) When a bailee holds the goods?
> When does risk pass (a) under a shipment contract? (b) Under a destination contract?
> What is “risk of loss” under the UCC?
> What title does a buyer acquire from a seller with voidable title?
> When and where does title pass?
> When does a buyer have an insurable interest in goods?
> What is identification?
> Who, for the purposes of UCC Article 2, is a merchant?
> 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?
> 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.
> 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?
