Home > Flashcards > Print Preview
The flashcards below were created by user
on FreezingBlue Flashcards
. What would you like to do?
§ 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.
§ 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
- (1) A definite and seasonable expression of
- acceptance or a written confirmation which is sent within a
- reasonable time operates as an acceptance even though it states terms additional
- to or different from those offered, or agreed upon, unless acceptance is expressly made conditional on assent
- to the addition of different terms.
- (2) the additional terms are to be
- construed as proposals for addition to the contract between merchants
- such terms become part of the contract unless:
- (a) the offer expressly limits
- acceptance to terms of the offer
- (b) they materially alter it (contract)
- (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.
What would you like to do?
Home > Flashcards > Print Preview