Statute of Frauds INTRODUCTION TO DAMAGES Surprise Finals Questions
100
What is the Statute of Frauds
TO HAVE A CONTRACT, IT NEED NOT BE IN WRITING.
BUT CERTAIN CONTRACTS MUST BE IN WRITING TO BE ENFORCEABLE. What is this called?
100
What is Expectation Interest, Reliance Interest, and Restitution Interest/Prevention of unjust enrichment?
There are three principal purposes or interests which may be pursued in awarding contract damages. What are they?
100
What is The buyer who does not receive the goods and does not elect to cancel the contract may seek specific performance under UCC §2-716, if the goods are unique or in proper circumstances(that is, where damages inadequate, e.g. where damages may not be recoverable or damages are difficult to ascertain).
What is Specific Performance?
What is MYLEGSSS:—Marriage, 1 Year, Land, Executor, Good $500 or more, SSS=Surety, Securities, Security Agreement. Daily Double: What does each category mean?
What contracts must be in writing?
200
What is Value of expectancy due to promise(“the benefit of the bargain.”). Purpose: To put the injured party in the position she would have been in had the breaching party performed.
What is Expectation Damages?
200
What is

A provision for liquidated damages will be enforced, and not construed as a penalty, if the amount of damages is difficult to estimate at the time that the contract is entered into and the amount stipulated in the contract is reasonable in relation to either the actual damages suffered or the damages that might be anticipated at the time the contract was made.

Right to recover liquidated damages if the contract provides for a valid liquidated damages clause. UCC §2-718(1).
What is Liquidated Damages?
500
What is
1)Part-performance(in land transactions,
2)Promissory Estoppel (in other cases: that is, non-land cases), Special Manufacture Exception UCC 2-201(3)

3)Admissions” (by the party to be charged) exception. UCC 2-201(3),
4)Partial performance in sale of goods.  UCC 2-201(3, 5)Confirmation [of a contract] between merchants Exception:—UCC 2-201(2).
What are EXCEPTIONS TO SOF(THE WRITING REQUIREMENT)
300
Reliance Damages—aimed at recovery of wasted expenses in reliance on the contract, trying to restore the plaintiff to the position they were in before the contract. Reliance damages can be granted even in the context of a valid contract if it is not possible to prove expectation damages. But they can also be granted in the context of where parties failed to make a valid contract, if there has been reliance nonetheless(promissory estoppel).
What is Reliance Damages?
800
What is Lapse of time in offer, Death, mental incapacity, Destruction or illegality, Revocation?
Ways offers are terminated?
400
What is (1)  sufficient to indicate that a contract for sale has been made between the parties and
(2)  signed by the party against whom enforcement is sought or by his authorized agent or broker."
What satisfies THE WRITING REQUIREMENT under UCC contract?
400
Restitution Damages—aimed at restoring value of a benefit that the defendant has unjustly retained. These are sought when the contract is either a losing contract or the contract is for some reason voidable (rescission). 
What is Restitution Interest/Prevention of unjust enrichment?
What is s a general rule, evidence of prior or contemporaneous agreements is not admissible to contradict the terms of a written agreement when all of the terms are completely integrated into the four corners of the agreement. In order to invoke the parol evidence rule, it must be shown that the parties intended to adopt the writing as their entire agreement.
What is the OPERATION OF THE PAROL EVIDENCE RULE?
700
What is U.C.C. §2-201 requires a writing that is “signed by the party against whom enforcement is sought or by his authorized agent or broker.” Yet today many transactions are negotiated and consummated by e-mail or other forms of electronic transmissions.
The E-sign Act of 2000, and Even a letterhead, or symbol, suffice for purposes of a signature.
Satisfying the Requirement of a Signature: What constitutes a signature?
What is
Setoff: Right to set off damages against the amount of the purchase price still due the seller. UCC §2-717.
Security Interest: Security interest in goods in the possession of the buyer for any payments made on the purchase price plus expenses. UCC §2-711(3).
Restitution: Right of restitution when buyer is in breach for any payments made to the seller, less the seller’s damages. UCC §2-718(2). Buyer can recover any payments made to seller, less the seller’s liquidated damages. Where no liquidated damages were stipulated, buyer the difference between 20% of buyer’s obligation(price) and buyer’s prepaid amount or $500, whichever is smaller.
Liquidated Damages: Right to recover liquidated damages if the contract provides for a valid liquidated damages clause. UCC §2-718(1).
Replevin of goods: Right to the replevin of identified, but wrongfully withheld(by seller), goods if cover is impossible or useless, as long as the seller is still solvent . UCC §2-716(3).
Recovery of identified goods by a pre-paying Buyer, if the seller is insolvent within 10 days of the first payment and the buyer is a merchant or the goods or the goods were sold for personal, family or household purpurses (consumer goods) UCC § 2-502.
What are Buyer’s Remedies?






Contracts Final Exam 2020

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