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Rafael Gely - Contracts II 2010

Regulating the bargaining process

  • 23.0
    A door-to-door bible seller buys some old fishing equipment without disclosing its value.
  • 24.0
    A broad negligence waiver is attacked as unconscionable after a scuba accident.

Interpretation - Parol evidence rule

  • 28.0
    A partner in a law firm is alleged to have promised that a year-end bonus to a new associate would be prorated if the associate left the firm before year's end.

Interpretation - Language

Performance Standards - Express conditions and crystal/mud analysis

  • 31.0
    A businessman has a termination clause that permits election of a termination- bonus sum if the election is made within a certain period following termination. The businessman misses this period by a short time.

Performance Standards - Warranties

  • 33.1
    Software development as a sale. Merchantability and fitness for a particular purpose.

Discharge of Duty to Perform - Frustration of purpose

  • 40.0
    Due to weather, a customer cancels his reservation with a fishing guide. Must the customer pay the guide's fee?

Breach - Anticipatory repudiation

  • 42.0
    The installer of commercial exercise equipment announces that it will not install the equipment as it has promised. UCC.

Remedies - Qualifications Certainty

  • 52.0
    A rock group reneges on a contract to use a guitarist.

Remedies - Foreseeability

  • 53.0
    A misplaced order for fishing equipment causes a large loss to a commercial outfitter.

UCC Remedies - Buyers' remedies

  • 56.0
    Specially ordered commemorative footballs are defective.

Third-Party Rights - Third-party beneficiaries

  • 60.0
    A suit by a third party on a performance bond.

Third-Party Rights - Successors and assigns

  • 61.1
    A customer ends a contract with a software company after the software company merges with a larger firm.
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