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Copyright 2009 by BarPassers Bar Review. All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording, or any information storage and retrieval system, without permission in writing from the publisher. Printed in the United States of America.
BLANK
A
Services Kind of K?
CONTRACTS
Mutual assent
3d P Problems? - 3d P Promisor - Guarantor - 3d P BENI - Assignment - Delegation
Offer still open? UCC 2 -205 - Firm offer Offer accepted? UCC 2 -206 - Shipment / Non-conforming goods; UCC 2 - 207 - Additional terms in acceptance Bargained - for exchange
Consideration
Public policy Defenses Fraud / Mistake S/F UCC 2 - 201 - S/F Writing PE Rule
Natural (Standard)
REMEDIES
29J
Express Are there any? If yes, are they satisfied? Waiver If no, are they excused? Breach Forfeiture Implied Constructive Conditions
Illegality
Impossibility
Death
MODIFICATION A
C/L Mutual assent? Yes
Discharge
Severe impracticability
B
UCC Yes
Yes
No
Writing required?
No
Prospective
29K
Intent Offer Made Content Communicated Kind of Termination MUTUAL ASSENT Offer Open Kind of Offer Special Capacity Offer Accepted Communicated Plain Freely revocable Option Firm (UCC 2-205) Supported by D/R C/L UCC Bilateral v. unilateral Shipment of nonconforming goods (UCC 2-206) Accomodation? Unequivocal C/L UCC (2- 207) Layperson Between merchants Limited Objection Material
Pers. Prop/UCC
Statute of Frauds Essential terms C/L Written Memo WRITING UCC (2-201) Signature Terms - quantity Party to be charged Signature Between merchants confirming memo
Contradicts essential terms Excluded Partial integration -OK Effect - Bars evidence Supplement Complete - Excluded? No deal Exceptions Interpret deal/ Reformation Later deal (Modification)
29L
A
(promisee)
B
(promisor)
C
(3d p. beni)
Promisors defenses against 3d p. beni Creditor - Yes, on underlying promise Donee - No - gift only
Assignment of Rights
Prohibition - effective? Formation Increase obligors duty/risk? Future rights - existing or expectancy? Effect of assignment Performance Revocation & Priorities Irrevocable A v. B - No (obligee v. obligor) Remedies C v. B (assignee v. obligor) C v. A - Implied warranties (assignee v. assignor) Direct c/a - Yes B's defenses Revocable
A
(obligee/ assignor)
B
(obligor)
C
(assignee)
C Delegation of Duties
(delegate)
Formation
A
(obligor/ delegator)
B
(obligee)
Performance
Effect of delegation B v. A (obligee v. obligor) Delegation -Yes Novation - No Direct c/a as 3d p. beni Same as against A since Cs Defenses B stands in As shoes
Remedies
29M
Natural
Cost avoided EXPECTATION DAMAGES Gen'l Measure = Natural (+ Conseq.) (+ Incid) Minus Loss avoided
Mistake Grounds Breach Unenforceable K Aggrieved party Value to breacher Breacher - Value conferred minus damages
RESTITUTION
Measure of Recovery
Breach
Inadequate legal remedy SPECIFIC PERFORMANCE Jurisdiction problems Feasible decree Supervision problems Traditional - strict Mutuality of remedy Modern -Security for performance
29N
K - market Seller Resale Goods Market - K Buyer Cover - K Lost volume K - resale
STANDARD
29O
Multistate Professional Responsibility Exam (MPRE) Home Study Program - For students taking the March, August or November MPRE, BarPassers offers a 4-hour lecture on audio CD with lecture handout, substantive law outline and four 60-question practice exams with explanatory answers. $450 down payment locks in Bar Review Course tuition & entitles Enrollee to the above, plus: 1. First Year Program, including:
a. iPod - Enrollees receive an iPod containing almost 45 hours of instruction, including substantive review and essay writing workshops for Torts, Contracts, Criminal Law, Real Property and Civil Procedure. The substantive review lectures provide an overview of each subject, while the essay writing workshops highlight frequently tested issues of law, teach issue-spotting approaches and explain how to properly develop and organize an essay answer. b. First Year Volume - This book contains flowchart handouts and essay hypotheticals for the review lectures and writing workshops contained on the iPod. The flowcharts are designed to be used with the review lectures to give students a visual framework for learning and organizing the law. They are also used in the workshops to develop issue-spotting approaches and to simplify exam outlining. This book also contains 15 additional essay hypotheticals with model answers for practice. These may be submitted for grading; additional charges apply. 2. Baby Bar Review (if applicable) - BarPassers offers a complete home study review program for students planning to take the June or October Baby Bar Exam. Enrollees receive an iPod containing substantive review lectures and essay writing and multiple choice skills workshops for Torts, Contracts and Criminal Law. Enrollees also receive our Baby Bar Review Volume which contains flowchart handouts for the review lectures and essay and multiple choice hypotheticals for the workshops. Additional essay and multiple choice questions are included in the volume for practice. Exam grading is also available for an additional charge. For added flexibility, home study programs are available at any time.
$1000 down payment locks in Tutorial Program tuition & entitles Enrollee to the above, plus: 1. Upper Division Program, including:
a. iPod - Enrollees receive an iPod containing over 32 hours of substantive review, including lectures covering Constitutional Law, Criminal Procedure, Evidence, Wills, Trusts, Community Property, Business Associations (Corporations, Agency, Partnerships & LLCs) and Professional Responsibility. b. Upper Division Volume - This book contains flowchart handouts for the review lectures contained on the iPod. The flowcharts are designed to be used with the review lectures to give students a visual framework for learning and organizing the law. They can also be used to develop issue-spotting approaches and help to simplify exam outlining.
1.800.227.7277 www.barpassers.com
*Effective 08/11/09; subject to change without notice.