1- In which important cases were the following legal principles or rules established?
a. The first case in Washington DC which considered unconscionability under the UCC:
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b. A case in which an experienced businessman was denied the protection of the courts for a claim of unconscionability:
c. The English case which established the objective test for an offer:
2- State the legal principle or legal rule established in the following cases:
- Parker v. 20th Century Fox:
- Hadley v. Baxendale:
c- Lucy v. Zehmer:
3- Give a clear, concise EXAMPLE of the following:
a- A unilateral contract:
b- A bilateral contract:
4- Distinguish between a void and a voidable contract and give an example of each.
5- What does it mean to say that a contract is unenforceable?
6- DEFINE: GOODS:
7- Who determines if a contract is unconscionable?
8- List six factors which might help a court determine that a contract is unconscionable. (You must include the most important factor.):
1-
2-
3-
4-
5-
6-
9- What type of damages are those which are actually provided for or written into a contract?
a- Under what circumstances will the court make such an award?
10- Under the UCC, a buyer or seller against whom a breach has been committed should take positive steps to protect their respective positions. In this regard, tell me (explain) about the following:
- Cover:
- Resale:
- Incidental damages:
11- What are punitive damages? Under what circumstances might a court award punitive damages?
12- Every morning for six weeks, a newspaper boy delivers a newspaper (The Daily Gleaner) to your home. At the end of the six week period, you are presented with a bill for $15. You refuse to pay, stating that “No contract ever existed…” Answer the following questions:
- Was there an EXPRESS contract in this case? Why or why not?
- Is there an implied in fact contract in this case? Why or why not?
13- What is another name for an “implied in law” contract?
a. Under what circumstances will a court find the existence of an implied in law contract?
14- In order to collect punitive damages in case of fraud, a party must prove the existence of an element which relates to intent. What is this element called?
15- Glotz receives an offer from Ferg in which Ferg makes an offer to buy Glotz’ pet pig, Elmira Ziffle. The offer is sent in the mail. Glotz responds immediately by sending a letter of acceptance. Later, he learns that the buyer is in the pork business. (Think of the implications!!!!) Glotz now changes his mind and calls the buyer, notifying him that he is no longer interested in selling. Ferg then receives the letter agreeing to the sale and contacts you (think of the implications here!!!) to determine if there is a contract. What advice do you give him? What is the legal basis for your opinion?
16- State three circumstances where the court might find objective impossibility or might find that an offer is no longer valid:
1.
2.
3.
17- Critique: If no price is stipulated in a contract, the contract will fail for indefiniteness. (Critique means: Do you agree or disagree with this statement.)
18- Critique: If no time period is mentioned in an offer during which an offer can be accepted, the court will not enforce a contract.
19- State the name of the two statutes which concern the issue of unenforceability and the subject matter of these statutes.
20- Under what circumstances under the common law would the court award the remedy of specific performance?
21- Under the common law, what type of items or objects fell within this definition?
a-
b-
c-
d-
e-
22- What is the UCC rule concerning a court awarding specific performance? Based on the case of Tower City Grain, what must a buyer show before he or she can sue for the remedy of specific performance where the goods were not unique?
23- What one case was most interesting to you in this Unit? Why?
TAKE A LOOK AT THESE THREE ADVERTISEMENTS (provided in another upload).
First, state the rule or standard which a court will we use to determine if an ad contains an offer?
Then, take a look at the three advertisements and state whether the ad contains an offer. State the reason for your conclusion in each case.