1. Note whether this transaction is governed by UCC or the Restatement.
2. Does the Statute of Frauds go through? The trim down must be in writing if it is in regard to land, if by its nature it takes more than one course of study to perform, or if it is in regard to goods of greater than $500 value.
Is in that location a resolution?
Was in that location an Offer?
Were the terms particular(prenominal)?
Did the head indicate the partys intent to be bound?
Was there an Acceptance?
Was there adoption to use up terms of the offer pursuant to mirror image regulation?
If not, can UCC 2.207 or the parties performance be used to refer a contract?
Was the acceptance made according to offers to instructions (note silence can never be acceptance)?
Was the acceptance made within time specified?
Does the postbox rule apply?
Was there Consideration?
Was there effectual detriment?
No
No
No
No contract
Yes
No
Was there reliance so that §90 Promissory Estoppel applies?
Was there benefit conferred?
Are all of the cloth terms agreed on?
Yes
Yes
Yes
No
THERE IS AN ENFORCEABLE CONTRACT
What argon Material Terms?
Unilateral or Bilateral?
Was there an outright scandalise or is it another problem?
Were parties far enough in negotiations to implicate a contract to talk over in Good Faith? Was such a contract explicit?
Was an option created by partial performance of acceptance?
Yes
No
Was there Substantial break dance?
Yes
Was there fraud, duress or unconscionability?
Yes
No
Breach is excused
Was there a change in flock or failure of a substantial assumption of the contract?
Yes
No
Breach is excused
Could there be a waiver? Was the breach excused by implication of past performance?
Breach is excused
Breach unexcused; victim can recover GO TO DAMAGES
Yes
No
Is there vagueness/ambiguity in contract?
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