Appellant

person who filed appeal (lost at trial) - argue court got it wrong

Apellee

person who responds to appeal (won at trial) - court got it right

Petitioner

party who lost in lower court - petitioning

Respondent

party who won - responding to petition

Uniform Laws

not "enacted" law; believes what states should adopt as law (becomes law of state)

UCC (Uniform Commercial Code)

only deals with sales of goods

Common Law

dealing with the sale of anything besides goods

Goods §2-105(1)

all things which are movable at the time of identification to the contract for sale

Mutual Assent

both parties agree to the terms of a contract through offer and acceptance

Contract

promise or set of promises for the breach of which the law gives a remedy

2 things to form a contract

mutual assent and consideration

Bargain

an agreement between parties that settles what each gives or receives (as promise or performance) in a transaction

Formation of a contract

requires a bargain; parties had to have intended to enter into a contract when analyzing offer and acceptance

§18. Manifestation of Mutual Assent

Requires each party either make a promise or begin/render a performance

Offer

makes a promise to another party

Acceptance

makes a return promise or performance

Promise

a manifestation of intention to act or refrain from acting in a specified way, so as to justify a promisee in understanding that a commitment has been made

Promiser

person manifesting the intention

Promisee

person to whom the manifestation is addressed

Beneficiary

the person who will benefit from a performance other than the promisee

Agreement

mutual assent - parties have agreed to be bound - there is agreement on both sides

Objective manifestation

focus on a party's words or conduct; would a reasonable person think an offer was intended to be made

Subjective manifestation

trying to determine what a party was thinking

Manifesting assent

acting as though you agreed; not the same as assenting

Unilateral contract

accepted by the offeree performing an act (performance)

Bilateral contract

accepted by either performance, or a return promise

Express contract

have an offer and acceptance; can be written or oral

Implied in fact contract

agreement (meeting of the minds) is shown by surrounding circumstances; shown from circumstances