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Contract law essay questions and answers

HOW TO WRITE ESSAYS FOR Contracts, UCC, Torts, and Crimes

Even more so than other questions, there are many paths to success.I like your division of the discussion into the two different ways to characterize the contract (contract for marriage v. contract for babies).This is not necessarily the wrong place to go, but a few more words explaining why you think acceptance has been given already would be helpful.For ambiguous terms of a contract, where one side is more objectively reasonable, the contract is enforced under what is considered the more reasonable definition.A misrepresentation is material if it would be likely to induce a reasonable person to manifest his assent, or if the maker knows that it would be likely to induce the recipient to do so.For services rendered, the cost must be included in the offer.However, for those of you who choose to explore the remedies piece in more detail, that could (depending on the rest of your answer) also be a path towards a maximum score.

That does not get him what he wants either, but it is his only option.Robert Duxbury: Answering problem questions on. in students attempting problem questions in contract law. thinking how you will answer questions on a.In particular, the conclusion that the sign is just an invitation to make an offer that limits the class of potential offerors is an aggressive but interesting one.A discussion of the Peerless case (which would absolve Joe by voiding the contract entirely) would have been a nice sweetener.If, on the other hand, Joe was restricted to publishing different versions of the XYZ amended article, the outcome remains unchanged: Joe did not breach.

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No shirt, no shoes, no service, is merely defining the group of people who are not eligible for service, not inviting performance or acceptance of a contract.So she could probably void the contract at her election as well.Mutual mistake would also apply to this situation as grounds for terminating the contract.

Law Of Contract Questions And Answers. encourages diversity of style in answering exam and essay questions. Law Express Question and Answer: Contract Law.If the restaurant were to refuse you service for any reason other than failing to have both shoes and shirt, would you be entitled remedies.However, this is not a valid argument because the company had ample time to enter into a contract with the attendees.

They would most likely argue that they have conferred a service, and even though they did not state the price up front, reasonable people would expect to pay for the service.Expectation damages are computed by taking the value the goods would have had had they been conforming minus the value of the accepted goods.Note you might discuss a number of doctrines here, including terms disclosed after the contract is formed and the differences between the UCC and the Restatements regarding the imputation of a reasonable price.

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In such case the sign serves as a manifestation of two separate conditions in two separate contracts.

The question, then, is whether a sale is in the best interest of all the parties. In Baker,.

Law Of Contract Questions And Answers - teorolgoaligh

By having both shoes and shirt and walking into the restaurant, you have accepted the offer (acceptance by performance).Baby M points out that baby selling is illegal and against public policy.If this is a material breach, he would have the option to rescind the contract.It could be interpreted as inviting anyone fully clothed to come in and buy food.They were either trying to scam the attendees, by not telling them it cost anything, then trying to charge them later, or they were just stupid.Nancy can make a claim that the statement by the seller of the dog was a misrepresentation.

If the writing was negotiated after marriage, that means that the marriage is no longer conditional on having kids.Ideally the answer would structure specific situations where the sign would create a contract and explain why.When the substance of the agreement was frustrated by the divorce, the purpose of the agreement was frustrated so the parties are discharged from performance.

This is also a hard question no matter what, so I know it has created more angst than I had intended.This answer also creates an ambiguity that begs to be explored.Even then, not all amendments automatically fail for consideration.I was really wondering about that language when reading your declarations in the second paragraph.The possible remedies for a breach of a promise include expectation interest, reliance interest, restitution, and voiding the contract.Both sides probably meant at the time that Jane would refrain from using contraceptives.

That should be a tip-off that this question probably has a few more things going on than a 30 minute question.But I do expect that you will get your hands dirty with the facts on whether or not Joe breached.

Contract Law Basics - Practice Test Questions & Chapter

CONSIDERATION AND REMEDIES. She entered into a contract with Steve,.

The babies clause would be a condition, because Joe makes it clear that he will not marry her if she does not agree to have 2 kids.It must be fit for the ordinary purposes for which such goods are used.While it is a sad situation for Joe, enforcing the promise by ordering an injuction (to stop taking contraceptives) or specific performance by Jane is untenable.