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USA · 1L · Contracts

UCC & Restatement Rules

Black-letter rules tested on the MBE.

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  1. 1.Which body of law governs contracts for the sale of goods?

    Article 2 of the Uniform Commercial Code (UCC). Common law (summarised in the Restatement (Second) of Contracts) governs services and real estate.

    UCC Article 2

  2. 2.UCC § 2-201 statute of frauds threshold for sale of goods?

    Contracts for the sale of goods for the price of $500 or more must be evidenced by a sufficient signed writing (subject to exceptions such as specially manufactured goods, admissions and part performance).

    UCC § 2-201

  3. 3.What does Restatement (Second) of Contracts § 90 provide?

    Promissory estoppel: a promise the promisor should reasonably expect to induce action or forbearance, and which does so, is binding if injustice can be avoided only by enforcement.

    Restatement (Second) of Contracts § 90

  4. 4.When is an acceptance by mail effective under the mailbox rule?

    On dispatch (when properly sent), unless the offer provides otherwise. Rejections and revocations are effective on receipt.

    Restatement (Second) of Contracts § 63; Adams v. Lindsell (1818)

  5. 5.What is the UCC "battle of the forms" provision?

    UCC § 2-207: a definite and seasonable expression of acceptance operates as an acceptance even if it states additional or different terms; between merchants, additional terms become part of the contract unless an exception applies.

    UCC § 2-207

  6. 6.What does the parol evidence rule do?

    Where a writing is a final (integrated) expression of the agreement, evidence of prior or contemporaneous agreements cannot be used to contradict it (or, if fully integrated, to supplement it).

    Restatement (Second) of Contracts §§ 213–216; Mitchill v. Lath, 247 N.Y. 377 (1928)