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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

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Contractual and Noncontractual Promises

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    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.)

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