Contracts

Is There an Acceptance?

This flow chart is fairly straightforward as it walks through the acceptance analysis in the form of a checklist. The only place it gets a little bit complicated is where it applies the mirror-image...

Contract Remedies

This flow chart is designed to give you a quick overview of contract remedies. First, determine whether the contract at issue is governed by the common law or the UCC. If common law, the preferred...

Statute of Frauds

For the statute of frauds, you need to know: (1) when the statute applies; (2) what it requires; and (3) the applicable exceptions. A step-by-step approach for applying the statute can be described...

Breach & Repudiation

This chart is designed to walk you through the steps to determine if a contract has been breach and by whom. A few things to keep in mind: You need to know the law regarding materiality of breach....

Is There an Offer?

This chart is designed to help you walk through the steps for determining if a communication is or is not a true offer – the first part of the contract formation analysis. A few words of...

UCC 2-207

UCC § 2-207 is an exception to the common law mirror image rule. This is an issue whenever you see a hypothetical involving (1) a transaction governed by Article 2 of the UCC; and (2) a response to...