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Form #599

Checklist -- Contracts

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Checklist for Contracts - free to use

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1.    Manor of Acceptance

a.    What type of offer and what type of acceptance?

i. Does it ask for a promise or performance?

b.    Did the offeree know of the offer?

c.     Is it an offer or a solicitation of bids?

d.    Is it a quote?

e.    Does the offer call for a promise of performance or neither?

f.     Is there mutual assent prior to a written agreement

i. Is there a letter of intent

ii.                Do the parties intend to be bound by the letter?[MRD1] 

2.    Silence as acceptance (Rest. §69)

a.    Does the offeree receive some benefit?

b.    Is there prior conduct that shows this?

c.     Does the offeree take dominion?

3.    Notice

a.    Did the contract state a time?

i. If not, was it accepted in a reasonable time?

b.    Did the seller have reasonable notice to know of the acceptance?

4.    Warranties

a.    Was there a promise or fact made by the seller?

b.    Implied warranty of marketability?

c.     Was there a floor model?

d.    Description of the goods’

i. Did seller know what it was to be used for?

5.    UCC 2-207 & Battle of the Forms

a.    Is it a sale of good case? [MRD2] 

b.    Are they both merchants?

c.     Does the acceptance state different or additional terms?

i. If additional do they

1.    limits acceptance to the terms of the offer?

2.    alter the contract?

3.    is there an objection to the terms?[MRD3] 

ii.                Is there an expressly conditional clause?

iii.               Are they different terms?[MRD4] 

1.    Are the terms so divergent that there is no contract?

6.    Consideration

a.    Was there a detriment and benefit exchanged?

b.    Was there a bargain for exchange? [MRD5] 

i. Was the forbearance a legal right?

ii.                Was the bargain for past performance?

c.     Are the promises binding (i.e. not illusory)?

i. Does the promisor have the right to change his mind or stop at his discretion? [MRD6] 

d.    Was a requirement contract in good faith?[MRD7] 

e.    Is there a promise of something already done, has to do, forebear from something he cannot do, etc.?

f.     Is there a modification?

7.    Statute of Frauds

a.    Is it for the sale of land, good over 500$ or over 1 year?

i. Is for an interest in land not crops?

1.    Was there performance by the vendor?[MRD8] 

2.    Was there significant reliance by the vendee?[MRD9] 

ii.                Was it for sale of goods over 500$?

1.    Were the goods specially made?

2.    Were they accepted?

3.    Was there multiple contracts that the parties intended to be over 500?

iii.               Was the contract for over 1 year?

1.    Does it contain a date in contract?

2.    Is it unable to be performed in under a year?[MRD10] 

a.    Is there a fixed term?   

3.    Are there multiple options given?[MRD11] 

4.    Was the contract discharged?

b.    Was the contract admitted to in court?

c.     Was there detrimental reliance?

d.    Was it a CISG contract?[MRD12] 

8.    Parol Evidence (common law, UCC, CISG)

a.    Is the written agreement meant to fully integrated

i. Is it total pr partial? [MRD13] 

1.    If partial what type of term (additional or contradicting)?

b.    Is there a no oral-modification clause?

i. Was it waived by performance?

c.     UCC – Parol Evidence

i. Same as above

ii.                Is the writing a complete and conclusive statement?[MRD14] 

1.    If a complete agreement would terms, if certainly agreed upon, be included?  

iii.               Can the terms be supplemented by additional terms?

d.    Exceptions

i. Was the contract made under fraud duress, lack of consideration, etc.?

ii.                Is there a condition ( performance or event)? [MRD15] 

iii.               Is there a collateral agreement?

iv.               Is there subsequent agreements?


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FastDue.com
 
Name of Firm FastDue.com
Location Fairfield, Iowa, United States
Total Forms Contributed 74
Phone 641-209-1761
Website http://fastdue.com
Email
 Free online business forms for all your invoicing and collection needs. 100% FREE, no login required, easy and secure.

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Terms Of Use

Submissions to this site, including any legal or business forms, posts, responses to questions or other communications by contributors are not intended as and should not be construed as legal advice. You are strongly encouraged to consult competent legal council before engaging in any action based upon content contained on this site.

These downloadable forms are only for personal use. Retransmission, redistribution, or any other commercial use is prohibited. This includes reposting forms from this site to another site offering free legal or other document forms for download.

Please note that the donator may have included different usage terms regarding this form, and you agree to abide by these terms. It is highly recommended that you have a licensed attorney review any legal documents for which you are searching in order to make sure that your needs are being properly and completely satisfied.

Your use of this site constitutes your acceptance of our terms of use and your agreement to hold this site, its officers, employees and any contributors to this site harmless for any damage you might incur from your use of any submissions contained on this site. If you do not agree to the above terms, please do not proceed.

These forms are provided to assist business owners and others in understanding important points to consider in different transactions. They are offered with the understanding that no legal advice, accounting, or other professional service is being offered by these documents or on this website. Laws vary in the different states. Agreements acceptable in one state may not be enforced the same way under the laws of another state. Also, agreements should relate specifically to the particular facts of each situation. Therefore, it is important to consult legal counsel whenever utilizing these forms. The Forms are not a substitute for legal advice YourFreeLegalForms.com is not engaged in recommending or referring members on the site or making claims about the competence, character or qualifications of its participating members.
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