week 11 of LS 201
week 11 of LS 201 17170
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This 4 page Class Notes was uploaded by Kristi Meyer on Tuesday November 17, 2015. The Class Notes belongs to 17170 at Grand Valley State University taught by Ruth Stevens in Summer 2015. Since its upload, it has received 18 views. For similar materials see Introduction to Law in Law at Grand Valley State University.
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Date Created: 11/17/15
Week 11 for LS 201 class Lecture day 20 Case brief notes: when you write issues, bring up facts in it. Defendant was entrapped, why? Answer is why they were or were not entrapped. Reasons: why was he not entrapped, usually the longest section This case is based on him being entrapped and it being dismissed. So answer to the answer part is no, he was not entrapped, write concurring opinion too Elements of a binding contract o An offer must be made o Acceptance must be given o Something of value must be exchanged Elements of an offer o Offeror intends to make an offer Objective vs subjective o Definite terms Parties Subject matter of the contract Price Time for performance, carrying out he duties in the contract Length of lease When is rent due o Communicated to offeree Termination of an offer o By offeror’s revocation, unless option Contact or merchants firm offer o By offeree’s rejection or counteroffer i.e. this is good… but o by operation of law lapse of time subject matter of offer is destroyed party dies type of contract becomes illegal acceptance o mirror image rule common law modification by UCC – selling goods o offeree must have intent to be bound – serious offer consideration – something of value o contracts are rarely invalidated because of lack of consideration try to get all things in writing, verbal contracts are whoever the judge believes more look at contracts example, case 7 on page 172 in the textbook o sally makes offer to Jill of 100 for the mickey mouse watch o mike makes offer to Jill of 150 for the mickey mouse watch both contracts are binding based on elements of a contract o mike tells sally he will give her his old watch not a contract, this is a gift, it is one sided, not enforceable in court What is UCC?Uniform Commercial Code o model statute adopted by all 50 states o versions can vary state to state: MCL 440.2201 o differs from common law contracts o facilitates business transaction across state lines distinguish contracts for sales of good from contracts for services o goods: sale of personal property o services: someone who does something for you in exchange for money buying a doctors time, volunteer (time for work) cell phone contracts is both a good and a service, but it is more about the service goods must be person property, things you can move o Desk, chairs, books etc. Lecture Day 21 uniform commercial code – state law, types of contracts covered o goods not covered o services, loans, lease, cell phone contracts, doctors office, real estate, mobile homes Why is it relevant? o If it is covered, we have a law/code to back it up in court, if not, common law would either back it up or tear it down because of previous cases Discussion 4, about Panera on page 198 in the textbook o Panera was selling Qdoba, for renting a space near them, trying to say that burritos, tacos, and quesadilla, are sandwiches. They are not based on the definition that alexander looked up Panera lost the case Job of a lawyer when they are making contracts is to look far into the future and rule out all possible disputes, such as sandwich does not cover burritos, tacos, and quesadilla. Defenses to a contract o Lack of contractual capacity (cannot legally bind them to the contract) Minors Intoxicated people Mental incompetent people Legal contracts and those that violate public policy o No to be hired by competing company o Contracts of adhesion Only towing company in the nearby area, but charges someone to take their car 5 miles for 5000 dollars o Exculpatory clauses Health club example. Even though he signed that he would not sue the health club, the health clubs clause did not say if they were negligent that someone couldn’t sue them o Contract to perform a legal act Can’t make someone sign a contract saying they will kill someone, then sue them because they never killed the person they said they would Lack of genuineness of assent o A fancy way of saying the person agreeing to the contract didn’t really agree voluntarily or didn’t really understand what they were agreeing to Fraud – vw scandal Mistake – can be one-sided Undue influence, contract binding, vase sold at garage sale worth 20,000 Abusing position of trust, power of attorney pocketing money from person Duress – forcing someone to do something Breach of warrant o Warrant of title o Implied warranty of merchantability – will work as implied/intended for Selling goods “as is” o Implies warranty of fitness – warranty for particular use, such as snow blower, for snow o Express warranties, written into contract, such as bumper to bumper warranties Contracts states a certain period of time Contracts that must be in writing o Real estate o Good over 500 dollars o Contracts that cannot be carried out in one year o Promises made in exchange for a promise to marry – pre-nuptial o Idea of dower – if married, men who sign a contract must bear their wife’s signature, if not contract is not binding Married women, men do not have to sign contracts, usually only for property
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