Contract Law Clarifications

Summary

In New Jersey, an international contract variation can prevent substantial performance if it significantly alters original terms. Oral contracts for land sales are generally unenforceable due to the Statute of Frauds, but exceptions exist for partial performance. Contracts requiring personal satisfaction must be met with honesty and good faith. To claim fraud damages, proving injury is necessary. An accord is an executory contract, and contracts performable within a year need not be written. Incidental damages arise from breach-related expenses. Contracts under undue influence are voidable. Complete performance means all contract conditions are met. Parol Evidence Rule limits altering written contracts with prior negotiations. Unilateral mistakes dont always grant relief. Consequential damages for undelivered goods are possible if foreseeable. Oral contracts admitted in pleadings can be enforceable. Rescission restores parties to pre-contract status. Specific performance is common for land sale breaches. Auction bids are binding despite misunderstandings. Long-term leases must be written. Contracts discharge upon full performance or mutual agreement. Sale of goods contracts follow UCC rules.

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An international variation from a contract prevents substantial performance true or false
Hi Alexander! To provide accurate information, could you please specify your location? The rules regarding contract variations can differ depending on the jurisdiction.
NJ
Hi Alexander!
In New Jersey, an international variation from a contract can prevent substantial performance if it significantly alters the terms and obligations originally agreed upon. This is generally true, but specific circumstances and contract terms are crucial.
Is there a specific situation or contract term you're concerned about?
An oral contract for a sale of land cannot be enforced even if the contract has been partially performed true or false
Hi Alexander!
In New Jersey, an oral contract for the sale of land generally cannot be enforced due to the Statute of Frauds, which requires such contracts to be in writing. However, there are exceptions for partial performance under specific conditions.
Is there a specific detail about the partial performance you are concerned with?
if a contract requires performance to the personal satisfaction of a party, the party to be satisfied must act honestly and in good faith true or false
Hi Alexander!
In New Jersey, if a contract requires performance to the personal satisfaction of a party, the party to be satisfied must act honestly and in good faith. This statement is generally true.
Is there a specific contract or scenario you need more clarification on?
To recover damages for fraud, a plaintiff must prove an injury true or false
Hi Alexander!
In New Jersey, to recover damages for fraud, a plaintiff typically must prove that they suffered an injury or loss as a result of the fraudulent actions. This statement is generally true.
Is there a specific aspect of this requirement you need more information on?
An accord is an executory contract true or false
Hi Alexander!
In New Jersey, an accord is generally considered an executory contract because it is an agreement where one party agrees to accept a different performance than originally promised, which has yet to be completed. This statement is generally true.
Is there a particular aspect of accord and satisfaction that you need more details on?
A contract does not need to be in writing to be enforceable if the contract makes performance within one year possible true or false
Hi Alexander!
In New Jersey, a contract does not need to be in writing to be enforceable if it is possible to perform the contract within one year. This statement is generally true.
Is there a specific context or detail about this rule you need more information on?
Expenses that are caused directly by a breach of contract-such as those incurred to obtain performance from another source are incidental damage true or false
Hi Alexander!
In New Jersey, expenses directly caused by a breach of contract, such as those incurred to obtain performance from another source, are typically considered incidental damages. This statement is generally true.
Is there a particular detail or situation related to incidental damages you need more information on?
a contract entered into under undue influence is voidable
Hi Alexander!
In New Jersey, a contract entered into under undue influence is generally considered voidable. This means that the party who was unduly influenced has the right to void the contract.
Is there a specific aspect of undue influence in your contract you need more details on?
complete performance occurs when conditions in a contract are fully satisfied true or false
Hi Alexander!
In New Jersey, complete performance occurs when all conditions and obligations specified in a contract are fully satisfied. This statement is generally true.
Is there a specific detail or aspect of complete performance you need more information on?
evidence of prior negotiations that differ from written terms of a contract can be introduced in court to alter the contract true or false
Hi Alexander!
In New Jersey, evidence of prior negotiations that differ from the written terms of a contract generally cannot be introduced in court to alter the contract due to the Parol Evidence Rule. This statement is generally false.
Is there a particular detail or situation regarding this rule you need more information on?
A unilateral mistake always afford the mistaken party a right to relief from the contract true or false
Hi Alexander!
In New Jersey, a unilateral mistake does not always afford the mistaken party a right to relief from the contract. This statement is generally false. Relief may be granted only under specific circumstances, such as if the non-mistaken party knew or should have known about the mistake.
Is there a particular detail or situation regarding unilateral mistakes you need more information on?
When a party fails to deliver goods contracted for, the nonbreaching party may obtain consequential damages for a loss of profit from a planned resale
Hi Alexander!
In New Jersey, when a party fails to deliver goods as contracted, the non-breaching party may obtain consequential damages for a loss of profit from a planned resale, provided that these damages were foreseeable at the time the contract was made. This is generally true.
Is there a specific detail or aspect of consequential damages you need more information on?
if the party against whom enforcement of an oral contract is sought admits, in pleadings, to its existence, the contract is enforceable
Hi Alexander!
In New Jersey, if the party against whom enforcement of an oral contract is sought admits in pleadings to its existence, the contract can be enforceable. This statement is generally true.
Is there a specific detail or aspect of this rule you need more information on?
To rescind a contract, each party essentially advances to the position he or she would have been if the contract had been fully executed
Hi Alexander!
In New Jersey, to rescind a contract, each party is generally restored to the position they were in before the contract was formed, not as if it had been fully executed. This is generally false.
Is there a specific aspect of contract rescission you need more information on?
In a contract for a sale of land, the usual remedy is specific performance
Hi Alexander!
In New Jersey, the usual remedy for a breach of contract for the sale of land is indeed specific performance, as land is considered unique. This statement is generally true.
Is there a specific detail or aspect of specific performance you need more information on?
At an auction for the first time I bid on an object believing that the auctioneer requested an amount less than the price actually asked. i am
Hi Alexander!
In New Jersey, if you bid at an auction believing the auctioneer requested a lower amount than was actually asked, it could be a case of misunderstanding. However, auctions are generally binding, and you might still be held to your bid.
- Did you complete the transaction, or is it still pending?
- Were there any witnesses to the auctioneer's request?
Understanding these details could help assess your options better.
Am I liable
Hi Alexander!
In New Jersey, if you bid at an auction under a mistaken belief about the bid amount, liability depends on the auction terms and whether the mistake was evident. Generally, bids at auctions are binding.
- Is there evidence or witness to support your misunderstanding?
What price does a long term lease need to be for it to be enforceable
Hi Alexander!
In New Jersey, for a long-term lease (over one year) to be enforceable, it must generally be in writing according to the Statute of Frauds. The price or rent amount must be clearly stated in the lease agreement.
- Is there a specific lease term or detail you're concerned about?
When is a contract fully discharged
Hi Alexander!
In New Jersey, a contract is fully discharged when:
- All parties have fully performed their obligations as stipulated in the contract.
- The contract is terminated by mutual agreement.
- The contract is rescinded, resulting in the parties being restored to their pre-contract positions.
- A court discharges it due to impossibility, frustration, or breach.
Is there a specific aspect of contract discharge you need more information on?
When it is a sale of goods
Hi Alexander!
In New Jersey, a contract for the sale of goods is generally governed by the Uniform Commercial Code (UCC). Here are a few key points:
- A contract for the sale of goods over $* must be in writing to be enforceable.
- The goods must be identified to the contract for the performance to be due.
- Performance must conform to the terms of the contract.
Is there a specific aspect of a sale of goods contract you need more information on?
What is the commercial impracticability rule
Hi Alexander!
In New Jersey, the commercial impracticability rule under the Uniform Commercial Code (UCC) applies when:
- A party's performance is made impracticable by an unforeseen event.
- The event was not anticipated at the time of contracting.
- The non-occurrence of the event was a basic assumption on which the contract was made.
Is there a specific situation or contract term you need more details on?