When a suretyship or guaranty contract is entered into after and separate from the
original transaction, there must be new consideration for the promise of the guarantor.
The power of a court to decide certain types of cases is called jurisdiction.
The filing of a voluntary, but not an involuntary, petition operates as an automatic stay.
Companywide standardized form contracts imposed on a “take-it-or-leave it” basis by a
party with superior bargaining strength are called contracts of collusion.
Generally, the EEOC attempts to remedy an unlawful practice through conciliation.
Under both the CISG and the UCC, a buyer may reject goods only if the tender of the
goods is a fundamental breach of the contract.
To prevail in an action for trade dress infringement, a plaintiff must prove that its trade
dress is distinctive and nonfunctional and the defendant’s trade dress is confusingly
similar to the plaintiff’s.
A right to a nonconforming use of land cannot be lost through abandonment.
An easement may be created only by deed.
A contract that has elements of both goods and services is always classified as a
contract for the sale of goods.
Only direct losses from a breach of contract may be recovered by an injured party.
The rights and duties of warehousers are regulated by the UCC.
If an insurer denies liability for a loss, the insured or the beneficiary of the policy has
the burden of proving that there was a loss that came within the coverage of the policy.
A defrauded buyer may avoid the contract and recover damages.
A will cannot be modified by merely crossing out a clause and writing in something
new.