Professional Documents
Culture Documents
Yes
No
No
No Remedy
No Is there Acceptance? (Promise or Performance) Yes Is this an offer for Sale of Goods? Yes Is there Consideration? Yes Is this an offer for Sale of Goods? No
Will there be Unjust QK/UE Enrichment if not QM enforced (QK)? Yes No No Remedy No PE/DR
No
Offer dies when the offeree made the counteroffer, unless offeror agrees Is there Detrimental Reliance for PE? No No Remedy K is valid No
No
Have goods been paid for and accepted OR received and accepted?
Yes
No Yes
Yes
No
No K is NOT valid
Is K in Yes Was there a writing? Counteroffer? Yes Battle of the Forms UCC 2-207 No No Are both parties merchants? Yes No Does offer Does Expressly Limit counteroffer Acceptance to materially the terms of the change terms? offer? Yes Yes
Valid K Addl terms are NOT part of K Is Acceptance Conditional on the addl terms?
Statute of Frauds TBCC 26.01 Promise of Yes cure by Doc? No Surety Yes SoF agreement? APPLIES! No Must be in Marriage Yes writing and signed by the Provision? person to be No bound Land Yes Contract? No Possible to perform within a year? Yes Valid K
Yes
K is NOT valid
No
No
Yes
No
Did the conduct of both parties imply the existence of a K even through the writings did not?
Yes
Valid K