Notes

Negligence Analysis
1)Define duty of care: Professional or personal.
2)Breach
3)Causation of fact
4)Proximate Causation
5)Actual Injury
6)Contributory Negligence.

Contract Analysis
1)Predominant Factor test: UCC or common Law.
2)Valid Offer
It has to make sense and it has to be reasonable.
3)Valid Acceptance
Both parties have to essentially Agree.
4)Consideration
Both parties must be obligated to something. One is payee and One is the one performing the service or sale.
5)Mental Capacity.
Is both parties reasonable at the time of contract signed or executed?
Are they intoxicated?
6)Illegality.
terms must be reasonable: time/length and reasonable scope of responsibility.
7)Writing Requirement
-contract needs to be in writing.
-Both parties must sign it.
8)Main ways to walk away from the contract
Misrepresentation
Fraud: Intentional
Mutual Mistake
Duress
Undue Influence
9)Performance and Discharge
Strict Performance
Substantial Performance
Partial Performance
10)Breach
Material -Fails to substantially perform
Minor =has substantially performed it's obligations
Anticipatory=you have a feeling already that he/she is not gonna go through.
11)Damages...
Compensatory-Breach Price-K Price...
Incidental-small damages
Consequential-for future profits. Foreseeable future.