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Contracts

Where Courts are Divided


Consideration
Token Consideration, Whether or not it is valid.
Whether to consider a psychological benefit or detriment as consideration. (?)
Where there is no bargaining whether courts may forge an invalid bilateral
contract into a valid unilateral contract. Central d!ustment "ureau v. #ngram
Assent
When under $CC % &'&(), terms are not additional but conflicting. *ome courts
(minority) say &'&() meant to allow conflicting and additional terms+ other courts
(ma!ority) use the knockout doctrine.
Whether ,estatement -. cognitive test or behavioral test (whether unable to act
reasonably and whether other party has reason to know of inability).
Statute of Frauds
Whether being e/cused within one year is the same as full performance within a
year. Courts are not divided over whether death of the person performing a
lifetime personal service contract makes it performable within one year, because
the contract is completed upon the death of the service provider.
Whether reliance on an oral contract satisfies the statute of frauds.
Settlements and Accords
Whether the amount of settlement should fall within the two claims.
Whether to recogni0e an accord (agreement to settle) without a settlement
Whether or not to recogni0e an e/ecutory accord.
Unconscionability
Whether you need substantive, procedural, both or either type of
unconscionability.
(nti'Competition Contract) "lue pencil rule (grammatically correct contract) and
(ma!ority) reasonable rewriting.
Whether nondisclosure is fraud or misrepresentation.
Miscellaneous
1n reliance on open ended contracts, 234 *tout v. "acardi.
Whether 5all rights reserved6 protects the receiver from 5payment in full6
declaration.