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WA Bar Exam - Contracts

カード 77枚 作成者: gabriel (作成日: 2013/12/09)

  • Governing law

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  • 1

    Governing law

    補足(例文と訳など)

    答え

    • Contract law in Washington is governed by the common law of contracts, except for contracts for the sale of goods, which is governed by the UCC.

    解説

  • 2

    Repudiation

    補足(例文と訳など)

    答え

    • Repudiation occurs when a party to a contract expressly indicates that breach will occur when it is time to perform

    解説

  • 3

    Avoidability/duty to mitigate (expectations damages)

    補足(例文と訳など)

    答え

    • Damages are not recoverable if they could have been avoided with reasonable care and effort

    解説

  • 4

    Breach - general rule

    補足(例文と訳など)

    答え

    • Any deviation from performance, no matter how slight, is a breach and may give rise to liability for the non-breaching party

    解説

  • 5

    Revocation, generally

    補足(例文と訳など)

    答え

    • Offeror can revoke at any time until performance has begun, with an expression that is clearly consistent with the intent to revoke. A revocation is effective WHEN RECEIVED.

    解説

  • 6

    Nominal damages

    補足(例文と訳など)

    答え

    • Nominal damages are awarded to vindicate rights of injured party only - given if damages very low or very uncertain

    解説

  • 7

    Misrepresentation

    補足(例文と訳など)

    答え

    • An innocent or negligent untrue assertion of fact or omission renders the contract voidable if material and if it induced detrimental reliance

    解説

  • 8

    Three limitations on expectation interest

    補足(例文と訳など)

    答え

    • Damages must be reasonably certain, generally foreseeable, and unavoidable

    解説

  • 9

    Exceptions to pre-existing legal duty rule

    補足(例文と訳など)

    答え

    • New or different consideration offered, there is an honest dispute over duty, or unforeseen circumstances encountered

    解説

  • 10

    Course of dealing

    補足(例文と訳など)

    答え

    • Evidence of dealings between the parties on PREVIOUS agreements can be used to interpret the terms

    解説

  • 11

    Foreseeability in expectations damages

    補足(例文と訳など)

    答え

    • Only directly consequential/foreseeable damages; indirect damages will only be awarded if communicated at the time of the contract

    解説

  • 12

    Accord & satisfaction

    補足(例文と訳など)

    答え

    • Agreement by parties to an existing obligation to accept different performance in satisfaction of that agreement, followed by performance of new obligation

    解説

  • 13

    Berg rule for extrinsic evidence

    補足(例文と訳など)

    答え

    • Extrinsic evidence admissible to determine intent and context surrounding the formation of the contract, once extrinsic evidence shows whether the agreement is final, at which point the parol evidence rule applies.

    解説

  • 14

    Performance, generally

    補足(例文と訳など)

    答え

    • Performance is due if there are no conditions to performance or performance has been excused

    解説

  • 15

    5 types of conditions

    補足(例文と訳など)

    答え

    • 1) precedent - occurrence which triggers parties' duties to perform. 2) Subsequent - occurrence which terminates parties' duty to perform. 3) Concurrent - occurrence happens simultaneously with performance. 4) Express - standard and clearly defined conditions, strictly construed. 5) Implied/constructive - substantial performance towards the condition is enough

    解説

  • 16

    Remedy for mistake

    補足(例文と訳など)

    答え

    • Adversely affected party may RESCIND contract, provided that the party did not bear the risk of the mistake

    解説

  • 17

    Modification, generally

    補足(例文と訳など)

    答え

    • In order to be valid, modification of a contract must have separate consideration from the original agreement

    解説

  • 18

    Consideration

    補足(例文と訳など)

    答え

    • Consideration is the bargained-for exchange of legal value; nominal consideration is not valid but the mere possibility of value is enough.

    解説

  • 19

    Remedies - general rule

    補足(例文と訳など)

    答え

    • If the court finds breach, the law will attempt to give compensatory damages to the aggrieved party

    解説

  • 20

    Trade/custom

    補足(例文と訳など)

    答え

    • Evidence of community norms that parties know or should know can be used to interpret the terms

    解説

  • 21

    Involuntary intoxication

    補足(例文と訳など)

    答え

    • Treated like insanity standard

    解説

  • 22

    Voluntary intoxication

    補足(例文と訳など)

    答え

    • A state of voluntary intoxication is NOT a defense unless the other party knows of intoxication and takes gross advantage

    解説

  • 23

    Statute of limitations

    補足(例文と訳など)

    答え

    • Oral contract - 3 years. Written contract - 6 years

    解説

  • 24

    Mistake, generally

    補足(例文と訳など)

    答え

    • Factual error regarting a FUNDAMENTAL MATTER which has a MATERIAL EFFECT on the agreed exchange

    解説

  • 25

    Frustration of purpose

    補足(例文と訳など)

    答え

    • When a contract can be performed but the central purpose of the contract is undermined, the duty to perform is discharged if the promisor was without fault in causing the frustration and the frustrating event was not foreseeable.

    解説

  • 26

    Requirements for SoF writing

    補足(例文と訳など)

    答え

    • Signed writing must contain:. 1) Material terms. 2) Identity of parties. 3) Contract's subject matter. 4) Terms and conditions of agreement. 5) Consideration recited

    解説

  • 27

    Preliminary negotiations

    補足(例文と訳など)

    答え

    • Preliminary negotiations do not count as offer or acceptance because such negotiations lack the requisite intent of the parties to be bound.

    解説

  • 28

    Mistake by intermediary

    補足(例文と訳など)

    答え

    • Risk of loss is borne by party who chose the intermediary

    解説

  • 29

    Pre-existing legal duty rule

    補足(例文と訳など)

    答え

    • There has not been new consideration when a party is bargaining for more money for something she already has a legal obligation to do

    解説

  • 30

    When are reliance damages awarded?

    補足(例文と訳など)

    答え

    • When expectation measure is uncertain or speculative, or promissory estoppel claim is asserted

    解説

  • 31

    Silence as acceptance

    補足(例文と訳など)

    答え

    • In general, silence is not viewed as valid acceptance unless silence as acceptance is industry or local custom.

    解説

  • 32

    Insanity

    補足(例文と訳など)

    答え

    • Contractsa re voidable by one who is unable to understand the nature and consequences of the transactions

    解説

  • 33

    Interpreting the terms of the contract by usage, course of dealing, custom, trade

    補足(例文と訳など)

    答え

    • These are the final considerations in contract interpretation

    解説

  • 34

    Third party beneficiaries

    補足(例文と訳など)

    答え

    • Third parties other than the initial promissee/promissor may acquire rights and duties at formation or post-formation of the contract

    解説

  • 35

    Mutual rescission

    補足(例文と訳など)

    答え

    • Parties exchange mutual promises to end the contract

    解説

  • 36

    Parol evidence rule

    補足(例文と訳など)

    答え

    • A final writing supersedes prior negotiations and agreements

    解説

  • 37

    Infancy

    補足(例文と訳など)

    答え

    • Contracts by minors are voidable by the minor, unless for necessities, or unless minor ratifies the contract at the age of majority

    解説

  • 38

    Novation

    補足(例文と訳など)

    答え

    • Mutual agreement between parties to an existing obligation to substitute new party to perform existing contract duty

    解説

  • 39

    Excuses - Discharge by law (4)

    補足(例文と訳など)

    答え

    • 1) Impossibility/supervening illegality. 2) Frustration of purpose. 3) Waiver. 4) Statute of limitations

    解説

  • 40

    Amount of restitution

    補足(例文と訳など)

    答え

    • Amount of value of benefit conferred

    解説

  • 41

    Assignment of duties

    補足(例文と訳など)

    答え

    • A transfer of a contract duty - all duties may be delegated except those prohibited by a contract clause, statute, or public policy, or where delegation subverts parties' reasonable expectations

    解説

  • 42

    Waiver

    補足(例文と訳など)

    答え

    • Waiver is a voluntary act by a party that excuses a condition or element of performance.

    解説

  • 43

    Excuses - Discharge by agreement (4)

    補足(例文と訳など)

    答え

    • 1) Mutual rescission. 2) Accord & satisfaction. 3) Modification. 4) Novation

    解説

  • 44

    Specific performance

    補足(例文と訳など)

    答え

    • Specific performance is available if:. 1) the legal remedy is inadequate. 2) the administration of specific performance is not unduly burdensome to the courts, AND 3) the contract terms are certain and definite

    解説

  • 45

    Reliance

    補足(例文と訳など)

    答え

    • Compensates injured party for amount of money spent - reliance damages are the monetary value of the detriment incurred by breach

    解説

  • 46

    Five substitutes for consideration

    補足(例文と訳など)

    答え

    • 1) Promissory estoppel. 2) UCC modification. 3) Promises to pay legal obligations barred by law (bankruptcy or statute of limitations issues). 4) Material benefit received + subsequent promise to pay. 5) Restitution claim

    解説

  • 47

    Fraud

    補足(例文と訳など)

    答え

    • A deliberate lie or omission renders the contract voidable if the party is deceived to her detriment

    解説

  • 48

    Minor breach

    補足(例文と訳など)

    答え

    • A minor breach occurs when the injured party receives substantial benefit of the bargain, but there is some defect in performance; the injured party cannot suspend his own obligations but may be entitled to a remedy

    解説

  • 49

    Two requirements of enforcing liquidated damages

    補足(例文と訳など)

    答え

    • 1) Amount must be reasonable forecast of just compensation, AND. 2) For harm that is difficult to measure

    解説

  • 50

    Illegality

    補足(例文と訳など)

    答え

    • Contract is void where the action called for in the contract is illegal

    解説

  • 51

    General rule for CONTRACT FORMATION

    補足(例文と訳など)

    答え

    • In Washington, to have an enforceable contract, there must be offer and acceptance, consideration, and no defenses.

    解説

  • 52

    Statute of frauds

    補足(例文と訳など)

    答え

    • Contracts whose scope lasts longer than one year must be in writing to satisfy the statute of frauds.

    解説

  • 53

    Procedural unconscionability

    補足(例文と訳など)

    答え

    • The absence of meaningful choice in the bargaining process renders the contract voidable by the affected party

    解説

  • 54

    Restitution (quasi-contractual relief)

    補足(例文と訳など)

    答え

    • Restitution will be awarded when there has been a benefit conferred, the conferring party had reasonable expectation of compensation, the benefits conferred at express or implied request, and unjust enrichment results

    解説

  • 55

    General rule for valid offer

    補足(例文と訳など)

    答え

    • A valid offer is a manifested willingness to bargain communicated by the offeror, which justifies offeree's belief that assent is invited and conclusive, and the terms of which are reasonably certain.

    解説

  • 56

    Mail-box rule

    補足(例文と訳など)

    答え

    • An acceptance is valid and binding when sent, not when received

    解説

  • 57

    Anticipatory repudiation

    補足(例文と訳など)

    答え

    • When repudiation happens before performance is due, it is anticipatory repudiation and may be retracted, but only until performance is due or the time it is relied on, which ever comes first

    解説

  • 58

    Counter-offer

    補足(例文と訳など)

    答え

    • A counteroffer is a rejection and new offer, not an acceptance

    解説

  • 59

    Assignment of rights

    補足(例文と訳など)

    答え

    • Assignments are a transfer of a contract right - consideration paid for assignment makes the transfer irrevocable

    解説

  • 60

    Duress

    補足(例文と訳など)

    答え

    • An improper threat, which leaves no reasonable alternative but to agree, renders the contract voidable by the adversely affected party

    解説

  • 61

    Compensatory damages - generally

    補足(例文と訳など)

    答え

    • Compensate the non-breacher for economic loss

    解説

  • 62

    Unilateral mistake

    補足(例文と訳など)

    答え

    • When one party makes a mistake or suffers, that party is more likely to bear the risk of the mistake

    解説

  • 63

    Mirror image rule

    補足(例文と訳など)

    答え

    • In order to be valid, an acceptance must exactly match the terms of the offer

    解説

  • 64

    Irrevocable offers

    補足(例文と訳など)

    答え

    • Option contracts, firm offers, and offers which have been detrimentally relied upon are irrevocable

    解説

  • 65

    Mutual mistake

    補足(例文と訳など)

    答え

    • When both parties suffer from the mistake, courts will hold there was NO CONTRACT

    解説

  • 66

    Liquidated damages

    補足(例文と訳など)

    答え

    • Damages agreed upon by parties, favored in Washington if NOT A PENALTY

    解説

  • 67

    6 Exceptions to parol evidence rule

    補足(例文と訳など)

    答え

    • 1) Collateral written agreements. 2) Consistent additional terms to explain ambiguity. 3) Supplemental course of dealing/trade custom/course of performance evidence. 4) Conditions precedent. 5) Consideration and lack of consideration. 6) Defenses

    解説

  • 68

    8 Defenses to formation

    補足(例文と訳など)

    答え

    • 1) Statute of frauds. 2) Mistake. 3) Illegality. 4) Incapacity. 5) Unconscionability. 6) Duress. 7) Fraud. 8) Misrepresentation

    解説

  • 69

    Expectation interest

    補足(例文と訳など)

    答え

    • The court will attempt to award the amount of money that will put the aggrieved party in the same position she would have been in had the contract been performed

    解説

  • 70

    4 types of incapacity

    補足(例文と訳など)

    答え

    • 1) Infancy. 2) Insanity. 3) Voluntary intoxication. 4) Involuntary intoxication

    解説

  • 71

    Substantive unconscionability

    補足(例文と訳など)

    答え

    • Unreasonably harsh terms render the contract voidable by the affected party

    解説

  • 72

    Course of performance evidence

    補足(例文と訳など)

    答え

    • Evidence of course of performance between the parties on THE CURRENT agreement can be used to interpret the terms

    解説

  • 73

    Types of contracts under SoF

    補足(例文と訳など)

    答え

    • 1) Marriage & prenuptial agreements. 2) contracts that cannot possibly be completed within 1 year. 3) contracts for sale of land. 4) Executor of a will. 5) Sale of goods over $500. 6) Surety

    解説

  • 74

    Material breach

    補足(例文と訳など)

    答え

    • A material breach occurs when the substantial benefit of the bargain is not received by the injured party; in this case the injured party can suspend his own performance obligation

    解説

  • 75

    Three exceptions to the mailbox rule

    補足(例文と訳など)

    答え

    • 1) Rejection also sent (whichever is received first is binding). 2) Option contracts. 3) Unauthorized means used (if offeree uses means other than those specified in offer, acceptance is valid when received)

    解説

  • 76

    Punitive damages

    補足(例文と訳など)

    答え

    • There are NO punitive damages for breach of contract in Washington

    解説

  • 77

    Promissory estoppel (substitute for consideration)

    補足(例文と訳など)

    答え

    • A promise will be enforced when the promisor knows or should reasonably expect the promise to induce action, action or forbearance is induced in fact, and justice requires enforcement

    解説

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