lessthantwoweeks.blogspot.com

First Semester

Tuesday, November 25, 2008. All of these elements of unfairness: duress, overreaching, undue influence, concealment, seem to have both objective and subjective elements to them… P must prove both. 160; S 197‐198 §§ 12‐16. Even though a K may meet what's legally req'd of it to be enforceable:. Sometimes it's not legally enforceable b/c the law refuses to. Bargaining abuses in commercial society (harder to prove); lawless threats; outright fraud. Status of the parties- innate v. circumstantial. Substance o...

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First Semester | lessthantwoweeks.blogspot.com Reviews

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Tuesday, November 25, 2008. All of these elements of unfairness: duress, overreaching, undue influence, concealment, seem to have both objective and subjective elements to them… P must prove both. 160; S 197‐198 §§ 12‐16. Even though a K may meet what's legally req'd of it to be enforceable:. Sometimes it's not legally enforceable b/c the law refuses to. Bargaining abuses in commercial society (harder to prove); lawless threats; outright fraud. Status of the parties- innate v. circumstantial. Substance o...

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1 first semester

2 introduction

3 assent;

4 consideration;

5 compliance w/ sof

6 typical examples

7 reduced

8 unconscionability

9 key distinctions

10 of the parties

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First Semester | lessthantwoweeks.blogspot.com Reviews

https://lessthantwoweeks.blogspot.com

Tuesday, November 25, 2008. All of these elements of unfairness: duress, overreaching, undue influence, concealment, seem to have both objective and subjective elements to them… P must prove both. 160; S 197‐198 §§ 12‐16. Even though a K may meet what's legally req'd of it to be enforceable:. Sometimes it's not legally enforceable b/c the law refuses to. Bargaining abuses in commercial society (harder to prove); lawless threats; outright fraud. Status of the parties- innate v. circumstantial. Substance o...

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lessthantwoweeks.blogspot.com

1

First Semester: Introduction to SOF

http://lessthantwoweeks.blogspot.com/2008/11/introduction-to-sof.html

Tuesday, November 25, 2008. Some Ks are required to be in writing, or at least evidenced by a signed written memo of the essential terms, as required by statute. For these Ks, no writing = unenforceable. Stems from English Statute of Frauds, 1677. The point of the SOF is to prevent fraud and perjury as to the actual terms of the K and to provide better evidence of the K if a dispute arises. Failure to comply w/ the SOF makes the K. Types of Ks which must be in writing (5):. Monday, October 27, 2008.

2

First Semester: Bilateral v. Unilateral Ks

http://lessthantwoweeks.blogspot.com/2008/11/bilateral-v-unilateral-ks.html

Tuesday, November 25, 2008. Bilateral v. Unilateral Ks. Int'l Filter Co v. Conroe. White v. Corlies. Ever-tite v. Green. R2C sect. 50, 52-54, 56. An acceptance is a voluntary act of the offeree whereby he exercises the power conferred pon him by the offer, and thereby creates the set of legal relations called a contract…. What acts are sufficient to serve this purpose? Look at the language of the offer, both in terms of words and conduct. Most commercial Ks are bilateral. Offeror is bargaining for either:.

3

First Semester: "Enforce": United States Naval Inst. v. Charter Comm'ns, Inc.

http://lessthantwoweeks.blogspot.com/2008/11/united-states-naval-inst-v-charter-comm.html

Tuesday, November 25, 2008. Enforce: United States Naval Inst. v. Charter Commns, Inc. Do not rely on what's below. See binder for hand-written notes. This is the rough draft of the brief only. US Naval Institute v. Charter Communications. US Ct of Appeals, 2nd circuit, 1991. From the S Ct, P wants "fashioning of relief in favor of P for BOC regarding a paperback edition of The Hunt for Red October. 2nd time in front of US S Ct. S Ct remanded for entry of judgment, giving P appropriate relief. Actual dam...

4

First Semester: Battle of the Forms--UCC 2-207

http://lessthantwoweeks.blogspot.com/2008/11/battle-of-forms-ucc-2-207.html

Tuesday, November 25, 2008. Battle of the Forms- UCC 2-207. Minneapolis and St. Louis Railway Co. v. Columbus Rolling-Miss Co. Info on rationale of rejecting "last shot rule":. It would be unfair to bind the buyer of goods to the std terms of the seller just b/c he was the one to send the last form, when neither party cared sufficiently to establish expressly the terms of their agreement. Seller pretty much got to dictate the K. Battle of the Forms". Battle of the forms is intensified. See above) rule in...

5

First Semester: November 2008

http://lessthantwoweeks.blogspot.com/2008_11_01_archive.html

Tuesday, November 25, 2008. All of these elements of unfairness: duress, overreaching, undue influence, concealment, seem to have both objective and subjective elements to them… P must prove both. 160; S 197‐198 §§ 12‐16. Even though a K may meet what's legally req'd of it to be enforceable:. Sometimes it's not legally enforceable b/c the law refuses to. Bargaining abuses in commercial society (harder to prove); lawless threats; outright fraud. Status of the parties- innate v. circumstantial. Substance o...

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lessthantwoweeks.blogspot.com

First Semester

Tuesday, November 25, 2008. All of these elements of unfairness: duress, overreaching, undue influence, concealment, seem to have both objective and subjective elements to them… P must prove both. 160; S 197‐198 §§ 12‐16. Even though a K may meet what's legally req'd of it to be enforceable:. Sometimes it's not legally enforceable b/c the law refuses to. Bargaining abuses in commercial society (harder to prove); lawless threats; outright fraud. Status of the parties- innate v. circumstantial. Substance o...

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