Term
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Definition
-Must have the term of QUANTITY
-Must have the SIGNATURE of the party to be charged (the defendant)
-ENOUGH INFO written down that you would know it was a K |
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Term
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Definition
Parties
Subject Matter
Terms and Conditions
Consideration
Signature of party being charged |
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Term
| Sale of Real Property (C/L) |
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Definition
Need to be in writing to be enforceable
Defined as: land, houses, buildings (things attached)
Exception: party moves into the house under an oral agreement it is enforceable (part performance)
Not the sale: a lease (unless for more than a year) |
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Term
| The Sale of Goods Greater than $500 (UCC) |
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Definition
Need to be written to be enforceable
Exceptions:
-Custom made goods
-2-201
-Delivery/Acceptance of Goods |
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Term
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Definition
Sale of goods over $500, oral and enforceable
-anything personalized
interior decorating
monogram |
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Term
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Definition
Sale of goods over $500, oral and enforceable
If:
-both parties are MERCHANTS
-a written confirmation is snet
-the party receiving it has reason to know its contents
-it is valid unless the party receiving objects within 15 days |
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Term
| Delivery/Acceptance of Goods |
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Definition
Sale of goods over $500, oral and enforceable
If a party enters into an oral K for goods greater than $500, receives them, and uses them, valid and enforceable K |
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Term
| Ks that Cannot be Performed Within a Year |
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Definition
Starts the day you sign the paper.
Doesnt mean: its hard to do it in a year.
Watch out for construction Ks |
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Term
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Definition
| All oral or written agreements prior or contemporaneous that vary or contradict a final written K are inadmissable. |
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