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  1. § 20. Effect Of
    • (1) There is no manifestation of mutual assent to an
    • exchange if the parties attach materially different meanings to their
    • manifestations and

    • (a) neither party knows or
    • has reason to know the meaning attached by the other; or
    • (b) each party knows or each
    • party has reason to know the meaning attached by the other.

    • (2) The manifestations of the parties are operative in
    • accordance with the meaning attached to them by one of the parties if

    • (a) that party does not know
    • of any different meaning attached by the other, and the other knows the
    • meaning attached by the first party; or
    • (b) that party has no reason
    • to know of any different meaning attached by the other, and the other
    • has reason to know the meaning attached by the first party.

  2. § 33. Certainty
    • (1) Even though a manifestation of intention is
    • intended to be understood as an offer, it cannot be accepted so as to
    • form a contract unless the terms of the contract are reasonably certain.
    • (2) The terms of a contract are reasonably certain if
    • they provide a basis for determining the existence of a breach and for
    • giving an appropriate remedy.
    • (3) The fact that one or more terms of a proposed
    • bargain are left open or uncertain may show that a manifestation of
    • intention is not intended to be understood as an offer or as an
    • acceptance.

    1. UCC 2-207

        1. (1) A definite and seasonable expression of
        2. acceptance or a written confirmation which is sent within a
        3. reasonable time operates as an acceptance even though it states terms additional
        4. to or different from those offered, or agreed upon, unless acceptance is expressly made conditional on assent
        5. to the addition of different terms.
        6. (2) the additional terms are to be
        7. construed as proposals for addition to the contract between merchants
        8. such terms become part of the contract unless:

      1. (a) the offer expressly limits
      2. acceptance to terms of the offer

    • (b) they materially alter it (contract)
    • or

    • (c ) notification of objection to
    • them has already been given or is given within a reasonable time after
    • notice of them is received
  • (3) conduct by both parties which recognizes
  • the existence of a contract is sufficient to establish a contract for
  • sale although the writings of the parties do not otherwise establish a
  • contract. In such case the terms
  • of the particular contract consists of those terms on which the writings of
  • the parties agree, together with any supplementary terms incorporated under
  • any other provisions of this act.
  • § 15. Mental Illness Or
    • (1) A person incurs only voidable contractual duties
    • by entering into a transaction if by reason of mental illness or defect

    • (a) he is unable to
    • understand in a reasonable manner the nature and consequences of the
    • transaction, or
    • (b) he is unable to act in a
    • reasonable manner in relation to the transaction and the other party has
    • reason to know of his condition.

    • (2) Where the contract is made on fair terms and the
    • other party is without knowledge of the mental illness or defect, the
    • power of avoidance under Subsection (1) terminates to the extent that the
    • contract has been so performed in whole or in part or the circumstances
    • have so changed that avoidance would be unjust. In such a case a court
    • may grant relief as justice requires.
  • Card Set Information

    2010-04-23 05:59:49

    Second Semester Contracts Cards
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