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Test Review 1 Blaw 1

by: Callie

Test Review 1 Blaw 1 3311

Marketplace > University of Texas at Arlington > Law > 3311 > Test Review 1 Blaw 1

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This 2 page Study Guide was uploaded by Callie on Tuesday September 15, 2015. The Study Guide belongs to 3311 at University of Texas at Arlington taught by Dowdy in Summer 2015. Since its upload, it has received 50 views. For similar materials see BLAW in Law at University of Texas at Arlington.


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Date Created: 09/15/15
BLAW Test 1 Review 1 14 15 16 17 Void contract no contract exists or there is a contract without legal obligations Voidable contract one party has the option of avoiding or enforcing the contractual obligation Unenforcable contract a contract exists but it cannot be enforced because of a legal defense Does the judge decided if it s a jury trial jury decides the question of fact If it is a non jury judge decides it Judge also always decides questions of law Bilateral contract promise for a promise Unilateral contract promise for an act Agreement 11 manisation of mutual ascent Offer 14 Serious intent on part of offeror determined by reasonable person Acceptance Consideration 12 Legality bargain has to be legal 13 Contractual Capacity 13 Based on old English case based on adams V enzuel Florida V Texas Rule says as soon as you drop the letter of acceptance off in a mailbox It applies when you use the same mode of communication Modern day is when they use offer of communication that is fast DAR has nothing to do with weather an acceptance is valid It only has to do when an acceptance is effective The offeror can make it moot by stating the acceptance is only effect when the offeror receives acceptance When a person makes a false statement to another and the listener relies on what was told to himher in good faith and to hisher disadvantage In order to see that justice is done a court will treat the statement as a promise and in a trial the judge will preclude the maker of the statement from denying it Thus the legal inability of the person who made the false statement to deny it makes it an enforceable promise called quotpromissory estoppelquot or an quotequitable estoppelquot Arises where there is a promise made under circumstances in which the promisor should reasonably expect the promise to act on the promise the promise does so act in reliance on the promise and injustice can only be avoided by enforcing the promise Under Missouri law for a promise to be actionable under a theory of promissory estoppel it must be definite and made in a contractual sense Cause of action based on some kind of unjust enrichment where there person who caused the unjust enrichment has to pay the person it affected Criminal is without a reasonable doubt Civil is where there is a preponderance of evidence Yes At the time the contract was made the car was a necessary If the granddad offered the truck before he got it then the car wouldn t be a necessary Leon is liable for the fair market value stock he can revoke land he can computer he cant has to keep open 90 days ucc 2205


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