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Chapter Four pg. 94

Question One : There exists – in the field of contract law – both contract and non-contract theories of recovery.  Depending upon the particular fact situation, a party might file a lawsuit for breach of an express in fact contract or breach of an implied in fact contract. These are both contract theories!  A party might choose to sue on a non-contract theory instead.

Please identify and define each non-contract theory. Please provide a factual example for each. You may use facts from the textbook, a case that you are familiar with or you may make up the example.


a)  xxxxx is a non-contract theory. According to this theory . . . . 

factual example: 


b)  xxxxx is a non-contract theory. According to this theory . . . . 



Question Two : The Restatement 2d of Contracts, Uniform Commercial Code and stare decisis are the sources of law to which judges resort to when presiding over contract disputes. The facts of the particular case will determine which of these sources is the one applied.  It is the duty of the judge to decide what law to apply. The judge will inform the jury of his choice. Please indicate when a judge will apply the Restatement 2d, the Uniform Commercial Code and Stare Decisis and provide a factual example for each answer.  


a)  A judge would apply the Restatement Second if . . . 

factual example: 


b)  A judge would apply the Uniform Commercial Code if . . . 

factual example: 


c)  A judge would rely on stare decisis if . . . 

factual example: 


Make sure that you provide factual examples for each of the above.  Failing to due so will result in a point deduction. 

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