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ALL CONTRACTS TERMS

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❏ Theories of Obligation
❏ Remedies
❏ Nature of assent
❏ Consideration
❏ Illusory promises
❏ Mutuality
❏ Unjust enrichment
❏ Promissory estoppel
❏ Reliance
❏ Satisfaction clause
❏ Enforceability
❏ Pre-existing duty doctrine
❏ Equitable estoppel
❏ Implied promise
❏ Gift principle
❏ Choice principle
❏ Volunteer v. intermeddler
❏ Substantial performance
❏ Quantum meruit
❏ Implicit acceptance of
benefits
❏ Divisible contracts
❏ Offer
❏ Acceptance
❏ Risk allocation
❏ Efficient breach
❏ Past benefit
❏ Restitution
❏ Quasi-contract
❏ Quantum valebant
❏ Contract implied in fact
❏ Contract implied in law
❏ Material
❏ Substantial
❏ Moral obligation
❏ Past consideration
❏ Statutory warranties
❏ Express warranties
❏ Implied warranties
❏ Warranty of fitness
❏ Foreseeability
❏ Fraud
❏ Misrepresentation
❏ Statute of frauds
❏ Essential terms
❏ Specific performance
❏ Good faith
❏ Main purpose exception
❏ Credit test
❏ Past performance exception
❏ Expectation interest
❏ Reliance interest
❏ Restitution interest
❏ Specific redress
❏ Substitutional redress
❏ General damages
❏ Cost of performance
❏ Cover
❏ Mitigation
❏ Lost profits
❏ Lost volume seller
❏ Surrogate cost theory
❏ Planning theory
❏ Risk theory
❏ Remedies-expectancy limits
❏ Consequential
❏ Uncertainty
❏ Speculativeness
❏ Tacit agreement test
❏ New business rule
❏ Duty to mitigate
❏ Emotional distress
❏ Liquidated damages
❏ Special expenses
❏ Penalty provisions
❏ Penalties
❏ Restitution
❏ Misrepresentation
❏ Revocation
❏ Nudum pactum
❏ Option
❏ Misunderstanding
❏ Good faith
❏ Ambiguities
❏ Unilateral offer
❏ Unilateral contract
❏ Bilateral contract
❏ Duration of offer
❏ Firm offers
❏ Preliminary agreements
❏ Agreements to agree
❏ Intent
❏ Discrete contracts
❏ Relational contracts
❏ Additional terms
❏ Last shot rule
❏ Counteroffer
❏ Integration clause
❏ Seasonableness
❏ Duress
❏ Modification
❏ Autonomous choice
❏ Price gouging
❏ Recission
❏ Waiver
❏ Misrepresentation
❏ Material fact
❏ Concealment
❏ Inducement
❏ Nondisclosure
❏ Merger clause
❏ Negligence theory
❏ Exculpatory clauses
❏ Unconscionability
❏ Noncompetes
❏ Disclaimer
❏ Procedural
unconscionability
❏ Substantive
unconscionability
❏ Contracts of adhesion
❏ Remedy limitation
❏ Forum-selection clauses
❏ Parol evidence rules
❏ Click-wrap agreement
❏ Duty to perform
❏ Collateral contracts
❏ Conditions precedent
❏ Interpretation
❏ Course of performance
❏ Course of dealing
❏ Trade usage
❏ Gap fillers
❏ Indefiniteness
❏ Material breach
❏ Immaterial breach
❏ Excused conditions
❏ Concurrent conditions of
exchange
❏ Implied promise
❏ Forfeiture
❏ Simultaneous exchange
❏ Tender of delivery
❏ Tender of payment
❏ Sequential performance
❏ Implied condition
❏ Rejection
❏ Revocation
❏ Risk allocation
❏ Anticipatory repudiation
❏ Adequate assurance
❏ Pre-contractual implied
promise
❏ Cure
❏ Seasonableness
❏ Escrow
❏ Mutual mistake
❏ Unilateral mistake
❏ Cessation
❏ Impossibility
❏ Impracticability
❏ Frustration of purpose
❏ Invalidity
❏ Third party beneficiaries
❏ Intended beneficiaries
❏ Incidental beneficiaries
❏ Donee beneficiary
❏ Creditor beneficiary
❏ Discharge
❏ Delegation
❏ Novation
For all issues: Issue, Rule,
Explanation, Analysis, Conclusion
Explanation: public policy reason,
example, define a term
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