Quimbee 1 Pagers PDF

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Summary

Combo of Quimbee notes and my notes for flowcharts...

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Promissory Esstoppel -A Promise may be partially or fully enforced even if not supported by consideration. -Forbearance: Refraining from engaging in action that one has a right to do. Element 1 The promisor must make a promise reasonably expecting to induce the promise’s action or forbearance. EX: Paying for college. Element 2 Requires Promisee to have relied on the 1. Substantial Action EX: Attending college promise. 2. Justifiable Reliance Ex: $ withdraws before completion. Element 3 Enforcement must be necessary to avoid injustice. EX: Finish college and no $ but you relied. Without enforcement its unjust. Person relied on promise  enforcement is necessary to avoid injustice  may seek a remedy in court!

Statute of Frauds -Forbids the enforcement of a contract unless the contract is in a signed writing Marriage One of the parties to the contract provides consideration by marrying the other party or third person. One Year When the contract is formed both parties must know that the terms cannot be fully performed within one year Land Agreement that Land K not SOF transfers an -Injured party reasonably relied on the contract -injustice avoided interest in land. only by enforcement (incurred detriment through pairs or improvements) ExecutorExecutor or administrator of a deceased persons a state promises to answer for a duty Administrato of the decedent. r Suretyship The promise or promises to Main purpose rule: a suretyship contract is not within answer for the duty of the statute of frauds if the promisor’s main purpose is another person. to further the promisor’s own economic advantage. Sale of Goods Anything Moveable or sellable (including animals and crops/ $500+ 3 Exemptions that allow K for Sale of Goods $500+ to be enforceable w/o a signed writing. 1. K for the sale of specially manufactured goods for $500 or more (not suitable for sale to others in the ordinary course of business (custom shit). -The seller must have a substantial beginning in manufacturing or commitment to produce the goods before receiving no go. 2. Non injured party admits in court that the contract was made 3. Payment has been accepted or goods have already been received

Parol Evidence Rule -Extrinsic evidence cant be used to modify or supplement a written contract. -Agreement will parties to an agreement will include all terms in a written contract. The evidence rule only applies to integrated agreements. Completely integrated Partially integrated -Adopted by the parties as a final and complete statement of the terms Adopted by the parties as a (must be binding) final but incomplete statement -Excludes inconsistent evidence with the agreement &Evidence that of the terms. is within the scope of the agreement. -May not incorp a prior agreement. EX: Office agrees to discount first three months  not in the completely integrated agreement  extrinsic evidence of discount is excluded Four Exceptions to the Parole Evidence Rule 1. Extrinsic evidence may be used to establish whether a contract is an integrated agreement and if it is completely or partially integrated. 2. Extrinsic evidence may be used to clarify the meeting of an ambiguous term. 3. Extrinsic evidence may be used to support a defense to enforce ability as illegality. 4. Extrinsic evidence may be used to determine whether remedy should be granted or denied...