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Full FaithDue

andProcess
Credit Clause FRCP 4(k)
U.S.
U.S. Const.
Const. art.amend.
IV, 1 XIV, 1 Territorial Limits of Effective Service
This Constitution,
Full Faith and Creditandshallthe
be Laws
given inofeach
the State
United States
to the which
public Acts, shall (1)
Records, In General.
be made Serving
in Pursuance
and judicial a summons
Proceedings of or
thereof; filing aall
andother
every waiver of.service
Treaties
State establishes
. .made, or whichPJx over
shalla :
be made, under the Authority
(A) who is subject to the Jx of a Ct. of general Jx in the state where the D.Ct. is located;
[N]or shall any State deprive any
PJx If a valid judgment, its valid
(B)person
where it was of joined
life, liberty,
rendered,
who is a party
and
under R14 oror
it is
19property,
entitled to full faith and without
credit
and is served within
in dueof process
other
a jud. Dist.
states of more
the US and not lawthan 100mi from where the summons was issued; or
IRem and Quasi-IRem Valid to the extent of Jx, so the judgment is only good up to the value of that property
(C) when authorized by a fed. statute.
(2) Fed. Claim Outside State-Court Jx. For a claim that arises under fed. law, serving a summons or filing a waiver of service establishes PJx over a if:
(A) the is not subject to Jx in any states courts of general Jx; and
A
(B) exercising Jx is consistent with the US Const. and laws.

UCC 1-306 UCC 2-203FRCP 12(i)


Waiver or Renunciation of Claim or Right After Seals Inoperative.
Breach. Hearing Before Trial.
An
Theaoffer
A claim
If byright
affixing
or
party aofmerchant
so aarising
moves, to
seal toany
outbuy or alleged
a writing sell
ofdefense
an goods
evidencing inin
aacontract
breach
listed signed writing
for salewhich
or an by
may be12(b)(1)(7)whether
Rule discharged itstoterms
inoffer
whole buy
or gives
in or sell
part
made assurance
goods
without that
does notit constitute
willby
consideration
in a pleading or bemotionand
by held
theopen isofnot
writing
agreement revocable,
a asealed
the for lack
instrument
aggrieved
motion party
under and
in of consideration
anthe
Rule law with
authenticate
12(c) mus

UCC 2-706 (3)-(4) UCC 2-706 (5)-(6) UCC 2-708


Seller's Resale Including Contract for Resale.Seller's Resale Including ContractSeller's Damages for Non-acceptan
for Resale.
(1) Subject to sub(2) and to the provisions of this (1)with
Art. Under
(3)the
respectconditions
Where
to proof stated
the resale
of is in
marketat 2-703
private
price on seller's
sale
(2-723), remedies,
the seller
the mustthe
measuregiveseller
of the may resell
buyer
damages the goods
reasonable
for non- concerned
notification
acceptance or his
of
or the the intention
undelivered
repudiation to balance
bybuyer
the resell.
buyer thereof.
is Where
the diff the resale
between is made price
the market in go
(5) A purchaser who buys in good faith at a resale
(2) Except as otherwise provided in sub(3) or unless otherwise agreed resale may be at public or private sale including sale (4)
by way takes
of one the goods free ofsell or of ID to an existing contract of the seller. Sale maythe
any rights of original even though seller
a unitfails
or in to comp
(2) IfThe
the seller
measure Where the or moreiscontracts
resale at publictosale FRCP FRCP 12(a) 12(h) be as parcels an
(6) isofnot
damages providedtointhe
accountable sub(1)
buyer is inadequate
for any profit to putmade
the seller
(a) only
in as resale.
on IDd
any good a position
goods can A person as performance
in thewhere
be sold except position would ofishave done
aa seller then
(2-707) the measure
marketor fora abuyer
of damageshas
publicwho
is the profit (including
rightfully rejected reasonable overhead)
or justifiably which acceptance
revoked the seller woum
TimeWaiving tothere
Serve & arecognized
Preserving
Responsive Certain
Pleading. Defs.sale of futures in goods of the kind; and
(b) it must be made at a usual place or market for public sale if one is reasonably available and except in the case of goods which are perishable or threaten to decline in value speedily the seller must give the buyer reasonable notice
(c) if the goods are not to be within (4) Effect
the viewofofathose
Motion. Unless
attending
(1)the
the sale
When court
the
SomesetsAre
notification a different
Waived.time,
of sale must
Astate
partyserving
the placea where
waives any motion def.theunder
goods this
listed inare rule alters
R12(b)(2)(5)
located these for
by:
and provide periods as follows:
their reasonable inspection by prospective b
(A) if the court denies the motion or postpones its (A) omitting until
disposition it from a motion
trial, in
thethe
the(d)responsive circumstances
seller may buy. described
pleading must UCC in2-711
be served R12(g)(2);
withinor14 days after notice of the courts action; or
UCC 2-715
(B) if the court grants a motion R(2nd)C for a more definite statement, the responsive (B)pleading
R(2nd)C failing
Buyer's Remedies UCC
tomust
either:
UCC be served
in General;2-712
2-714 R(2nd)C
within
Buyer's Security14 daysInterest UCC
after UCC
the more
in Rejected 2-703 definite statement is served. U
2-716
Goods.
(1) WhereA the seller fails to make delivery or repudiates or the buyer rightfully rejects or justifiably revokes acceptance 71 then with
Requirement Buyer's
R(2nd)C
(i)of
make
"Cover";
respect anyitgoods
toExchange;
Damages by motion
Buyer's
involved,
forTypes under
Procurement
andof
Breach this
with R;
respect
Exchange
in Buyer's
or
Regard of Substitute
to the whole
Buyer's
to Incidental
Seller's
theGoods.
ifRight
Accepted breachtoand
Remedies
goes
Goods. Consequential
in
to the whole
Specific contractDamages.
General.
Performance Buyer's
(2-612),
or Buyer's
the buyer
Replevin. Right
Damage to G
may cancel
(1)
(1) Incidental
Subject
Where the
Subject to dmgs
buyer
to resulting
subsection
wrongfully
the (1) (2)
After
provisions 79
from
and
rejects
a breach
of Adequacy
the
even
or
this seller's
though
revokes
within
Art. breach
with the of
acceptance
the Consideration;
include
goods
preceding
respect of
to expenses
have not
goods
section
proof or
of reasonably
been
fails
the to
buyer
market Mutuality
shipped (ii)
make
may
pricea a
incurred81
include
buyer
payment
"cover" of
in
(2-723),it
whoin
by Obligation
Consideration
inspection,
a
due (a)
responsive
hason
making
the paid
or receipt,
"cover"a
before
in
measure and
good ofas
pleading
part or Motive
transportation
have all
delivery
faith
dmgs dmgs
or
of
andin
orunder
foran
the and
the21
or
amend.
price
repudiates
without
non-deliveryof Intention
Inducing
care
next asand
allowed
goods
with
unreasonableorcustody
torespect
all
in the
by Cause
which toof
goods
to a
delay
repudiation
Be
R15(a)(1)goods
affected
he
part has
any
Legally
as
or
by rightfully
awhether
a
the matter
special
whole,
reasonable
the orBound
seller ofrejected,
not they
course.
property
then have
with
purchase
is the any
under
of commercially
been
or
difference Idd
the
respect totoany
provisions
contract
between reasonable
the contract;
goods
to of or
purchase
the the
directly
market charges,
immediate
affected
goods ex
inbr
price sa
(1) Where the buyer has accepted goods and given notification (sub(3) of 2-607)consideration,
(1) To constitute he may recover aasperformance dmgs for any or (1) Specific
non-conformity
a return
(b) recover dmgs
performance
promise of
for (2)tender
must
non-delivery the bemay
loss
as
be decreed
resulting
bargained
provided inor
thisin
for. where
the the
ordinary
Art.(2-713).
goods
course are
of unique
events or
from in other
the proper
sellers
(2) The
The measure
buyer may If dmgs
of the
(1) Therequirement
recover(2) Afact
for from
breach theof of
(2)
warranty
performance consideration
When
that whator is
seller as damages
is theto
return
Raise
bargained
the is
promise for met,
Others.
difference
difference at the
is(a) there
Failure
does
between
time
bargained
to
and is
state
the
place no a
notresulting additional
claim
forofif itself
cost
of of upon
induce
cover
acceptance
it isfromsought
which
and
(2) The requirement
the
the
between
by or
relief
decree
the
can
making
contract
the value
promisor
be of
granted,
inofexchange
price
for specificof together
the goodsto join
aperformance
promise a
with
acceptedperson
forneedsdoes
any
his may (2) Consequential
required
If
not the
incidental
and (2)
promise theMarket
include value
and
by
ID
preventor
such (a)
creatingdmgs
R19(b), withhold
it the
consequential
price
they
is terms
given is
would his
from resulting
to
by
tobe
andbuyer
have
the
state
delivery
special
being from
a
damages legal
determined
conditions
had if
promisee of the
property
theysuch
as
asin
sellers
defensegoods;
has
consideration to
been
hereinafter
as
had of
to exchange
been
breach
thea
payment offorclaim
as made
for include
defined
place may
by
the
for
thethat
warranted, be
the raised:
buyer
promise
(2-715),
tender
price,unless or,
damage he
bu
in
spec
Neither realhas nor apparent intention (2) Where the seller fails to deliver orseller
repudiates the may also know promise.
to that a promise be aalegally
any lossbinding (3) is essential to the formation of a such
contract, but adelivery
manifestation of asintention that
reasona(2-705);
promise andshall
will be unnf
general particular requirements and ofbywhich the atby time of contracting had to which c
(a)
(3)
(2)The a gain,
The factadvantage,
buyer a right
that a promiseor benefit
of replevin for goods
does not the promisor
identified
of to theor
itself induce loss,
contract if disadvantage,
after reasonable
performance orIn Failure
returnor of(3)
a effort
proper he is(A)
detriment
the
case
promise
Thebuyer
anyin
unable any
toto
does
performance
pleading
the
incidental
effect
notand allowed/ordered
(a) if promisee;
toeffect cover
thecover
prevent
goods
may within
consequential
for
have
consist
(b) or
this
the
beenof
injury goods (b)
section
dmgs R7(a);
performance
Idd
to
stop
or
recover
person
does
under
the
them
or
not
the bar
asnext
circumstances
or
provided
property
himany
infrom
section
return
bailee
may anyalso
reasonably
this
proximately promise
Art. hereafter
other
(2-502);
from
resulting
or provided
remedy.
beindicate
recovered.
from that
being
any such effort
consideration
breach of warranty.
(B)
(b) in by a motion
a proper case obtain under (c)R12(c);
specific proceed orunder
performance or the
replevynextthesection
goods asrespecting
provided ingoodsthis Art.still unidentified to the contract;
(2-716).
(b) ofequivalence
(3) On rightful rejection or justifiable revocation acceptance a buyerin hasthe values
a security interestexchanged; or (a)or an
in goods in his possession actfor
control other than(C)
any payments a promise,
at trial.
made on their orprice and(d) anyresell and recover
expenses reasonably damages
incurredas in hereafter provided
their inspection, (2-706);
receipt, transportation, care and
(c) "mutuality of obligation." (3) Lack of SMJx. If the Ct. determines (b) a forbearance,
at any time or that
(e) itrecover
lacks SMJx,damages thefor Ct.non-acceptance
must dismiss the action. or in a proper case the price (2-709
(2-708)
(c) the creation, modification, or destruction of a legal relation. (f) cancel.
(4) The performance or return promise may be given to the promisor or to some other person. It may be given by the promisee or by some other person.

A
A
Prah v.v.Sentell
Pierson Maretti
Post (1805) (1982)
v. New p.4 p.167& C.R. Co. (1897) p.17
Orleans
Facts: s residence uses solar energy.
Facts: bought
s dog adjacent
was hit bylot planning
s train, to build
said a
"Though the earth, and all inferior creatures, be common to all men, yet every man has a property in his own person: this (Not
Facts: Post was hunting the fox, but Pierson home
snatched
dog was Ptythat
it. nowould
and the affect
on private
body s
requiring
has any solar
toenergy
property).
tax
right for collecting.
registry
but tag The
himself. seeksrecovery
preventing
labour ofinjunctive
wasrelief.
his body, unCthe work of his hands, we ma
and
Analysis: Private Nuisance can be used to protect both a right of access to sunlight
Issue: and anothers rightgive
Does pursuit/expectation to develop.
you a legalRecognition ofwild
rightAnalysis:
(over a nuisance claim for unreasonable obstruction of access to sunlight can balances inter
animal)?
Analysis: No, possession does. Chasing isnt possession, regardless of what hunter Landowner
expects. Duck invested
Case is in distinguishable,
solar collectors as the ducks were on the hunters property, so they were in his possession.
Dogs are Pty, but in between wild animals (yours with possession) and domestic animals (perfect and complete).
seeks protection
Dissent: Barbeyracs rule could allow for possession by pursuit. Foxes as a pest/negative of solar
so public energy,
interest not
toby aesthetics
support (not Ancient
hunters. Has Lights basis)
Leg. can define the Pty over common
Society has an interest in developing alternative law,to
sourcesandbe within
can make
of energy
reach or reasonable
the Pty prospect to gain possession, so expectation matters.
rights conditional.
Negative easements are expectation cases. People expect that
Conditional neighbors wont harm their
Pty of dog reqd assessment property
and tax(or interests).
will not prevent land development
Nowadays
still needs to be C, and claims that this would be a substantive due there
processareviolation.
restrictions
SDPandrational
wontregulations
undulybasis like
hinder thehunting
review seasons
userequires and
thatendangered
onlyland
of adjoining animal
the statute serve list.
a legitimate state interest, and the tags/tax can be a way of ID-ing an
Dissent: Free enterprise - has a property right and hasnt violated any laws so should be able to develop. The s unusually sensitive use not protected by nuisance.
A

28 U.S.C. 1391 (a)(b) 28 U.S.C.


28 U.S.C. 1390
1391(c)
(a)Venue Defined As used in this ch., the term venue (a) refers to the geographic
Applicability specification
of .Except of the proper
as otherwise Ct. by
provided or Ct.s
law for the litigation of a civil action that is within the SMJx
(c) Residency.For of thepurposes
all venue district Ct.s in general, and does not refer to an
(b)Exclusion
(1) this ofshall
Certain
governCases
the Except
venue of
(1) ascivil
all
a otherwise
actions
natural provided
brought
person, by
in law,anthis
D.Ct.s
including of ch.
the
alien shall
US;
lawfullynot admitted
and govern thefor
venue of a civil
permanent action ininwhich
residence the the district
US, shall beCt. exercises
deemed the Jx in
tosuch
reside conferred
jud.by
theshall 1333,inexw
district
For purposes of venue under this ch., in a State which has more than one jud. district and in which a that is a corp. is subject to PJx at the time an action is commenced, corp. be deemed
(2) an entity with the capacity (2) the proper
to sue (c)Clarification
andvenue
be forin
sued a civil Regarding
action
its common shall
name Cases
be Removed
determined
under From
without
applicable State
regard
law, Ct.s
to
whether not
whether
or This
the ch. shallisshall
action
incorpd, not determine
localbeordeemedthetoD.Ct.
transitory in to which
if a ,a in
nature.
reside, civil
anyaction pendingininwhich
jud. district a Statesuch
Ct. may
isbe removed,
subject butcourts
to the shall govern the
PJx with
(b) Venue in General.A civil action may be brought in
(3) a not resident in the US may be sued in any jud. district, and the joinder of such a shall be disregarded in determining where the action may
(1) a jud. district in which any resides, if all s are residents of the State in which the district is located;
(2) a jud. district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated; or
(3) if there is no district in which an action may otherwise be brought as provided in this , any judicial district in which any is subject to the courts PJx with respect to such action.
A

FCRP 60(b) Personal Jurisdiction


Grounds for Relief from a Final Judgment, Order, or Proceeding. Judicial Jurisdiction
On motion
If a is not served and90
within just terms,
days the the
after courtcomplaint
may relieveisa filed,
party or its
the legal rep.
courton from a final
motion orjudgment,
on its
Personal Jx refers to the ability of aDowney order,
own or
after proceeding
court toto
notice for
thethe following
must
v.exercise
General reasons:
dismiss
power
Foods over
(1972) thea action
p.91 without
particular prejudice against
or itemSec.
of that or order that servic
property.
(1) mistake, inadvertence, surprise, or excusable neglect; Apfel v. Prudential-Bache Inc. (1993)
claimed the idea of marketing their Jell-O towards kids and using the name Mr. Wiggle
(2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new Case regarding
trial under R59(b); a contract for a system of issuing municipal securities
submitted It may The
idea bypower
be letters by through
and
categorized a by
court
as the
an in topersonam,
render
Idea Submittalan authoritative
inForm,
rem, andorquasi judgement.
responded in rem.they received them.
When a seller's claim(3) fraud (whether previously called intrinsic or extrinsic),
arises from a contract to use an idea entered misrepresentation,
into
(4) the judgt is void; after
denies the or misconduct
they disclosure
were aware ofof
opposing
the
his idea,
idea
party;
and the had question
already is
come not up whether
with it the buyer misappropriated property f
themselves
(5) the judgt has been satisfied, released, or discharged; it is based on an earlier judgt hadthat anhas
ad been Collateral
firm reversed
come uporwith Attack
marketing for The
FRCP
children. lack
4(e) Theofad
Restitution isnovelty,
company State in
Interest
never
Gilbert
Adverse and FRCP
Statutory oforaccess
had
Balancing itself,
Possession4(c)
Limits todoes
Test not28demonstrate
onletter
the sent Reliance aChange
lack ofofvalu
Interest
A
Choice of Law Provision The primary (6) limitations
any other reasonon athatcourts
justifies power Long
Serving
relief. tovacated;
exercise
an Arm 28
or applying
personal
Statute
This
Individual U.S.C.
idea
it prospectively
was1331
Within notjurisdiction
aoriginal
Jud.
no longer
are
nor novel.
District of
equitable;
found
the in
Service.
In Personam
Private US
Interest the US
factorsJx Constitution
U.S.C. and 1404 state statutes. ven
(Burger King) (a) For the convenience of parties and witnesses, in the interest of justice, a D.Ct. may transfer any civil action to any other district or divi
(1) In A law of aofstate which gives itsmotion
acourts Jx over
Federal
Idea people Question
Submission andstatutes
property
Rights outside
ClaimRelative the
ease
reqs.: state
of access tocomplaint
sources of proof
(b)
LossUpon motion, by
Ancaused
Whenever attempt consent
a civil toreliance
impeach = General.
or stipulation
orof
as aif
all A summons
Unless
parties,
overturn
contract Fed
any law
a wasnt must
action,
judgment suitbe
provides
made.
served
orotherwise,
proceeding
610rendered(Plawwith
an
lost). aaaReliance
copy
civil
Restoration of the
inindividualother
nature
judicial oforcomplaint.
than
any
damages
proceeding,
unjust minor, The
or an
awould
Most
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made
enrichment. isbe responsible
incompetent
states
thereof,
ofin
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ahave
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be
proceeding for having
ortransferred,
ofaNoperson
the the
whose
granting
other
nose summons
in the
restitution
Adverse
waiver
their
thandiscretion
pre-surgeries, hasand
courts
within
here,
Possession
been
of inthe filedmay
personam
the
expect court,
less from
original
the
perhaps
Requirements: served
be
Jxthe within
served
in the
division
value
action of
payment or the
in ainjud.
following
thewhich
aan
time
district
nose
for four allowed
ofsituations:
pending
appeal
the thetoUSany
post-surgery
from
surgery. byby: R4
other
it.
an acronym foraction
NotisInfiled
MyinBack court as defined
Yard is a(1)in
pejorative
following ofstate
this title
foror an
characterization appeal,
serving including
of
a summons opposition
in an(2) petition
Availability
action by (1)
By brought
Whom.
for review
compulsory
residents
(i)inidea
Cts
Any
Where was of
to
general
person
the
administrative
process
a
original

Possibilityis
for
proposal
Jxpresent
who in
and
is
attendance
the
of view
state
novel,
at for
least
in
action,
where
the18
of
of premises,
a new
the
years
forum
(c) A is
unwilling,noticed
D.Ct.
old
state
D.Ct.
Actual
ifD.Ct.
and
development
may
viewVirgin
isand
would
for
the cost
located
and not
is
order or filed
of
or
a where
party
personally
any civil
be appropriate
with
obtaining
because such
attendance
service
may it
tois
served
action
tounder
the this
iscourt
bemade;
serve
action a
with
of
tried or
summons
and
willing,
close to
process;
at any that
placeand
court
witnesses
them com
within (o
Most
(3) Bystates also grant
a Marshal their courts
or Someone Theindistrict
Specially personam
Appointed. JxAtover
courts nonresidents
theshall
s have the
request, who
courtperform
original may order orthat
jurisdictioncause to be
of
service beperformed
all
(2) civil (2)
thatTransfers
(d)
made the
by doing
actionscertain
idea
afrom
US awasany of
to the
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arising
conveyed
D.Ct.US
marshal or following:
thewithin
under
deputyto
D.Ct.Guam,the
instate
the
D.Ct.
marshal or
confidence,
N. Mariana
or who
Constitution, cause
Isls, or and
by a person results
Isls shall within
laws,
specially or the
treaties
not be permitted
appointed state
by of
the bythe acts
. As
Ct. The performed
United
otherwise
Ct used in this ,out
must States.
so ofif
the term
order
And all other (ii) Where
practical problems the is domiciled
that trial in the forum state;
of a case easy, expeditious, and inexpensive
Visible
If a default
Choice judgment
of Forum is entered
Provision againstSelection
/ Forum the person, he or she may collaterally
Clause (A) delivering a attack
copy of thethesummons
(3) authority
used the ofof
andidea the the issuing
complaint
after learning to itthecourt
individual
from
(iii) Where .
Public
to render
personally;
theInterest
consents it, claiming
factors to Jx; and
that there was a lack of P
In personam Jx(Carnival
is grantedCruise Lines)of whether (B)
regardless theleaving a copy of each at the individual's dwelling or usual place of abode with someone
is served within or outside the forum, but is limited to causes of action
Admin arisingOpen
of suitable
difficulties from and
age
flowingthenotorious
and
from
discretion who resides there; or
acts performed
court congestion or results caused within the stat
(C) delivering a copy of each to an agent (iv) Where
authorized theby appointment
has committed or by acts
law to bringing
receive him within
service
Exclusive of process.the forum states long arm statutes
The local interest in having localized controversies decided at home
Most states have exceptions for:
The interest in having the trial of a diversity case in Continuous
a forum that is at home with the law that must govern the action
(i) Service
The avoidance of unnecessary by in
problems Fraud orofForce
conflict Invalid
laws or application of foreign law
Consent-to-Jx Clause And the unfairness(ii) Immunity
of burdening of Parties
citizens & Witnesses
in an unrelated
Justifications for Adverse Possession: forum with jury duty
(Natl Equipment Rental, Ltd. v. Szukhent)
Title repair (gap in chain of title)
A Protect the justified ownership expectations of long-term possessors against absentee owners
Arbitration Clause A boundary dispute reparation doctrine
A

Inverse Condemnation UCC 2-209 UCC 2-302


Blackstones Requirements for Custom Modification,
A situation in which the Gov. takes private property but fails to pay the compensation required by the 5th Amend., so theRescission and Waiver
property's owner has to sue to obtain Unconscionable contract or Clause
the required just compensation.
In some states the term (1)includes
also An agreement
damagingmodifying
of a K within
property as wellthis
as Art.
its needs no consideration to be binding.
taking.
(1) If the court as a matter of law finds
Ancient the contractor any clause of the K to have been unconscionable at the time it was made the court may refuse to enforce the K, or it may enforcebythe remainder
(2) Athe
In inverse condemnation cases signed
owner is the(immemoriality)
agreement which
and thatexcludes modification
is why the or rescission
action is called inverse except by aofsigned
the order writing
parties cannotasbecompared
is reversed, otherwisetomodified
the usualorprocedure
rescinded,inbut except
direct as betweenwhere
condemnation merchants suchisa the
the Gov. req onwho
a form
suessupplied thetake
a -owner to merchant
his or hm
(2)
Without When it is
Theinterruption
claimed or appears to the court(3) that
The the
reqs contractor
of the statute any
of clause
frauds of thereof
this Art. may be
(2-201) unconscionable
must be satisfied if the
the K parties
as modifiedshall
taking can be physical (e.g., land seizure, flooding, retention of possession after a lease to the Gov. expires, deprivation of access, removal of ground support) is be afforded
within its a
provisions. reasonable opportunity t
or it can
Peaceable andbefree
a regulatory taking (when regulations are so (4)
from dispute Although
onerous an attempt
that they make theat modification or rescission
regulated property unusabledoes
by not satisfyfor
its owner theany
reqsreasonable
of sub (2)ororeconomically
(3) it can operate
viableaspurpose)
a waiver.
(5) A party who has made a waiver affecting an executory portion of the K may retract the waiver by reasonable notification received by the other party that strict performance will be required of any term waived, unless the retraction would be un
Reasonableness Comment 2: Must meet good faith requirement to prevent coercion and duress (hold-up game).
Certainty
A Obligatory
Not inconsistent with other customs or law

This sounds similar to Adverse Possession, similarly an intangible conflicting right

Grable Federalized Claim Easement


Doesis
The right to use the real property of another for a specific purpose. The easement a state-law claimproperty
itself a real have a federal issue but
interest, that legal
is: title to the underlying land is retained by
Necessarily raised
Actually disputed
A Substantial (to the federal system as a whole, by its application to future cases, precedent, uniformity of law, etc.; not just important to parties in the suit)
Capable of resolution in a federal court without disrupting the federal-state balance approved by congress.

R(2nd)C Pre-Existing Duty Rule


89 Modification Of Executory K
Rule: Performance or the promise to perform a preexisting legal duty does not constitute consideration.
A promise modifying a duty under a contract not fully performed on either side is binding:
(a) if the modification is fair and equitable in view of circumstances not anticipated Ex:by the parties when the contract was made; or
(b) to the extent providedLender
by statute; or $1,000
promises
A
(c) to the extent that justice requires enforcement in view of material
Borrower changetoof
promises position
pay in reliance on the promise.
$1k+ interest
Borrower faces distress
Borrower says Ill promise not to default if you promise to reduce my obligation to $500 (trying to modify rule)

Rule: No modification absent fresh consideration. Cf. R(2nd)C 89.

A
A

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