First, determine if it's Common Law (services/real estate) or UCC (sale of goods). Formation (The 3 Cs): Offer: A specific promise or commitment.
If a fact is ambiguous, mention both arguments (e.g., "Buyer will argue... however, Seller will counter..."). curs 11.01 Contract
Apply the facts to the rule. This is the most crucial part—argue both sides if the facts are ambiguous. First, determine if it's Common Law (services/real estate)
Identify the legal question (e.g., "Was a valid contract formed when X emailed Y?"). Rule: State the relevant law (Common Law vs. UCC). mention both arguments (e.g.
Unequivocal agreement to the terms, often requiring the "mirror image rule" (Common Law) or acceptance by performance. Consideration: A bargained-for exchange of legal value.