1 / 13

Contractual and Noncontractual Promises

The Functions of Contract Law. The law enforces a promise.Creates a type of private law.Facilitates planning.. The Methods of Express Contracting. IndividualizedStandardized form contract pre-printed other party signsClickwrap Ks standardized online K.. Main Purposes of UCC. Uniform laws

pauline
Download Presentation

Contractual and Noncontractual Promises

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript


    1. Contractual and Noncontractual Promises

    2. The Functions of Contract Law The law enforces a promise. Creates a type of private law. Facilitates planning.

    3. The Methods of Express Contracting Individualized Standardized form contract – pre-printed other party signs Clickwrap Ks – standardized online K.

    4. Main Purposes of UCC Uniform laws state-state Adopted in some form in all states Solve common problems Practical & flexible rules

    5. Application of Article 2 Sale of goods. NA to: sale of RE, intangibles service Ks or nonsale transfers.

    6. Law Governing Contracts

    7. Classification of Contracts

    8. Quasi-Contract I REMEDY to an inequity where no enforceable K Purpose: prevent unjust enrichment AKA a “contract implied in law”

    9. Quasi-Contract II REQ’M’TS: BENES CONFERRED REAS EXPECTATION OF PAY’MT NEC TO AVOID UNJUST ENRICHMENT P GETS REAS VALUE, NOT K PRICE PAINTER EX.*

    10. Promissory Estoppel Purpose: Enforces promises justifiably relied upon but not otherwise enforceable Requirements: A promise that the promisor could foresee would induce reliance That induces promisee’s reliance Results in injustice if the promise is not enforced.* * ILLUSTRATIONS: SEE: 1) TEXT, PP. 121-22 2) TEST CASE, P. 122 * ILLUSTRATIONS: SEE: 1) TEXT, PP. 121-22 2) TEST CASE, P. 122

    11. Contract and Contract Theories of Recovery

    12. Validity of Agreements

    13. Validity of Agreements (cont.)

More Related