UGBA 175 Final: UGBAFinalStudyGuide

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Document Summary

Ucc/cl > offer (kill) > acceptance > behavior nullifying consent > consideration > capacity > illegality > statute of frauds > qe/ pc > 3p > discharge > remedies. Offer: intended (language of intent), definite (requirements) and communicated. Unilateral offer rule : if performance requires time and effort, cannot revoke for reasonable amount of time (if don"t know, diligence to notify) (restatement) Acceptance: intent to be bound, valid upon dispatch (unless stated), silence not acceptance. If acceptance sent after rejection, it is effective when and if the acceptance is received first. Duress: physical compulsion, social/ emotional/ economic duress (improper threat, fear) > subjective**** Undue influence: relationship of trust, factors: information, consideration, independent advice. Fraud: in the execution or inducement (5 elements) Nondisclosure can be fraud (if known fact and disclosure corrects the mistake of the other party as to a basic assumption, fail to act in good faith and in accordance with reasonable standards of final dealing)