American Contracts Law - exam notes !! 미국법 계약법 시험노트 정리

소개글

Exam notes for American Contract Law

in good format. 한눈에 들어옴

목차

American Contract Law
The Offer Phase
The Post-Offer/Pre-Acceptance Phase
The Acceptance Phase

본문내용

American Contract Law

Federal preemption doctrine: state law must give way to federal law when there is a conflict.
Choice of law provision: contracting parties may be from different states or the performance of contract may begin in one state and end in another. The parties may at the time of contracting, select the law of one of these states to govern their contractual rights and duties.
Party autonomy rule: a court will give deference to parties’ choice of applicable law unless: 1) no substantial relationship; or 2) result obtained could be contrary to forum state’s public policy.
Choice of Law
When parties either have not selected the rules, the forum state will use its own choice of law rule
- law of place of making the contract
- law of place of performance of contract
- law of state having most significant contacts w/ transaction


The Offer Phase

Offer for bilateral contract
1. the offeror’s promise
2. consideration (offeree’s promise)
3. inducement
Offer for unilateral contract
1. the offeror’s promise
2. consideration (offeree’s performance)
3. inducement
Example 2-1
“I promise to pay you $5000 if you refrain from smoking, drinking, swearing, and gambling until you are 21.”
 Unilateral contract

Offer: “the manifestation of willingness to enter into a bargain”
The Restatement (Second) of Contracts ∬24
Reasonable person’s standard  objective standard

Advertisement: merely invitations to bargain. They either do not have “promissory language” or they leave terms open for negotiation.
Auction
- with reserve: seller is not offeror, but asking potential bidders to make an offer
- without reserve: (an absolute auction) seller is the offeror and bidders are offerees. Cannot withdraw the property if a bid is made within a reasonable time.
An auction is with reserve unless contrary intention apparent at beginning of auction.

.....

참고 자료

없음