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Bar Exam Guide
Los Angeles, California
Commercial
Bar Exam Materials

Understanding Contracts (Understanding Series (New York, N.Y.).)

Questions and Answers: Contracts (Multiple Choice and Short Answer Questions and Answers, Revised First Edition)

Restatement of the Law Second, Contracts 2d, Pamphlet No. 2, Sections 178-315

 

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CONTRACTS
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 acceptance
 

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acceptance: mailbox rule
 

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acceptance: mirror image rule
 

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acceptance: silence
 

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accord and satisfaction
 

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adhesion contract
 

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assent
 

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bailment
 

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bargain
 

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beneficiary
 

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bilateral contract
 

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breach
 

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breach: cure
 

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breach: material breach
 

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breach: nonconforming goods
 

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breach: substantial performance
 

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capacity
 

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condition
 

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condition: concurrent condition
 

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condition: condition precedent
 

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condition: condition subsequent
 

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consideration
 

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consideration: past consideration
 

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consideration: pre-existing duty rule
 

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damages
 

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damages: consequential damages
 

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damages: expectation damages
 

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damages: incidental damages
 

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damages: liquidated damages
 

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damages: lost profits/lost volume
 

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damages: mitigation
 

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damages: punitive damages
 

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damages: reliance damages
 

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discharge: frustration of purpose
 

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discharge: impossibility
 

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discharge: impracticability
 

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divisibility
 

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equitable defenses: laches
 

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equitable defenses: unclean hands
 

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equitable remedies: reformation
 

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equitable remedies: rescission
 

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equitable remedies: specific performance
 

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installment contracts
 

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interpretation: course of dealing
 

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interpretation: course of performance
 

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interpretation: usage of trade
 

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misrepresentation
 

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mistake
 

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mistake: mutual mistake
 

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mistake: unilateral mistake
 

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mitigation: cover
 

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modification
 

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offer
 

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offer: counteroffer
 

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offer: firm offer
 

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offer: option
 

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offer: revocation
 

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output contract
 

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parol evidence
 

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parol evidence: complete integration
 

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parole evidence: merger clause
 

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parole evidence: partial integration
 

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privity of contract
 

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promise
 

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promise: illusory
 

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promissory estoppel
 

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replevin
 

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repudiation: anticipatory repudiation
 

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requirements contract
 

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restitution
 

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statute of frauds
 

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terms of contract
 

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third-party: assignment
 

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third-party: beneficiary
 

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third-party: delegation
 

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third-party: incidental beneficiary
 

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third-party: intended beneficiary
 

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third-party: non-delegable duties
 

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third-party: novation
 

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third-party: vesting
 

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UCC: battle of the forms
 

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UCC (Uniform Commercial Code)
 

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unilateral contract
 

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unjust enrichment
 

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void: illegal or against public policy
 

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void or voidable: duress
 

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void or voidable: unconscionability
 

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void vs. voidable contract
 

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waiver
 

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warranty
 

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warranty: disclaimer
 

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warranty: express warranty
 

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warranty: fitness for a particular purpose
 

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warranty: habitability
 

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warranty: implied warranty of merchantability
 

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