This is an extract of our Contracts Ii Outline Of Major Issues document, which we sell as part of our Contracts II Outlines collection written by the top tier of Thomas Jefferson School Of Law students.
The following is a more accessble plain text extract of the PDF sample above, taken from our Contracts II Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:
CONTRACTS - OUTLINE OF ISSUES
K is a promise or series of promises THE BREACH of which the law provides a REMEDY. To allocate risk, where was the risk allocated?
CHOICE OF LAW: predominant factor test to see. The choices...
o CL - services, this allow substantial performance which is the main dichotomy from material breach, the focus here is to determine what the purpose of the K was, and if that purpose has failed or not
? Will a party be deprived of the benefit of the bargain?
? IS it possible to compensate the victim?
? The law abhors forfeiture
? The likelihood of cure
? Good faith and fair dealing o UCC - for the sale of goods. "to simplify, clarify, and modernize" Underlying the code are some of these principles
? Good faith - 1-304, 1-201, 1-220
? Prior dealings/course of performance - 1-303
? Custom in the trade - 1-303
? Merchants usually have a higher standard, 2-104
? Not supposed to be substantial performance in the sale of goods - L. Hand "there is no room for substantial performance in the sale of goods."
? Liberally construed remedies 1-305
? CL supplements where UCC silent 1-103
UCC REPUDIATION o Rejection Time
? ("I didn't accept", but if I did...)GR 2-601 PT. Accept, Reject, Reject in part any non-conforming goodsLimitations
* 2-504, shipping problems
* 508, seller can cure
* 602, buyer must reject within a reasonable time
* 605, buyer must justify rejectionAcceptance under 2-606If so, buyer must pay 2-607
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