Battle of the Forms (UCC 2-207)
Battle of the Forms (UCC 2-207)
Essays were Battle of the Forms is raised.
FYLSX
June 2020
Q2
A
June 2016
Q2
A
June 2014
Q4
A
B
June 2012
Q1
B
CBX
February 2016
Q6
B
Promissory Estoppel — Detrimental Reliance
Freedom of Contract and the Second Restatement
Offer Termination by Operation of Law
§ 48 Death or Incapacity of Offeror or OffereeAn offeree’s power of acceptance is terminated when the offeree or offeror dies or is deprived of legal capacity to enter into the proposed contract.
However, both barbi and CALI discuss how irrevocable offers (e.g. options) don’t terminate in this situation. I decided to look up the caselaw. It’s likely that most jurisdictions track to California on this issue.
“An option is an offer and if it is without consideration, it is revoked by the death of the offeror prior to acceptance. *452 If consideration is given, it is a contract binding upon the offeror and upon his successors in interest after his death. See case cited in 6 Cal.Jur., pp. 48–53, §§ 27, 28, 29; Williston, Contracts (Revised Ed.), §§ 61, 62; Cal.Civ.Code, § 1587(4).” (Bard v. Kent (1942) 19 Cal.2d 449, 451–452 [122 P.2d 8, 10])
So an irrevocable offer does not terminate by operation of law in the case of death or incapacity. A successor in interest can be the decedent’s estate, etc.
Merchants
Essays were Merchants are raised.
2018 June
Q1
A
B
2017 June
Q1
A
B
2017 October
Q3
A
B
2016 June
Q2
A
B
2016 October
http://www.calbar.ca.gov/Portals/0/documents/admissions/fyx/FYLSX_Oct2016_SelectedAnswers_R.pdf
Q2
A
2015 October
Q4
A discusses under other issues
B
2014 June
Q4
A
B
2013 June
Q3
B
2013 October
Q1
A
B
2012 June
Q1
A discussed in GL
B interspersed with other issues
Emerson Stafford analyses of Feb 1996 Q1 breach question
Essay text archived here: February 1996 Q1
Some quick notes on procedural history
One of the things we to when briefing cases is the procedural history of the case. While every state has its own court hierarchy, most follow a structure similar to the federal government (i.e. trial -> appellate -> supreme). On the other hand, some are quite different.
While you’ll be exposed to federal cases and cases from every state, a majority of cases you’ll encounter will be from California and New York. Given the populations of those two states, it makes sense that there’s a great deal of litigation coming from them.
California courts follow a structure very similar to that of the federal government.
New York (NY) Courts have a very different structure.
You can follow the link below to see how NY criminal courts are structured. It’s not relevant here because we’re concerned with contract law. At any rate, this should help if you’re confused by the NY court structure.
References
https://www.uscourts.gov/about-federal-courts/court-role-and-structure
https://www.courts.ca.gov/2113.htm
http://www.nycourts.gov/courts/structure.shtml
Tips for briefing
One of my students found this and said they found it extremely helpful. The case it uses as an example, Lucy v. Zehmer, a foundational case for formation, and one of the things we cover in week 2.
Law School Stuff
Before I started this CALI.org hosted blog, I had a tumblr where I collected legal stuff as both a law student and later as a practicing attorney. Some of the entries are likely helpful to students.
https://rds-pcl-outlines.tumblr.com