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e Restatement Second of Contracts. These two universes have different rules that govern contracts, so it's crucial to identify which set of rules applies to the contract in question before delving into the discussion of formation, offer, acceptance, and consideration. Students often overlook this gateway issue in their eagerness to discuss the bigger topics, but failing to determine the governing law can have catastrophic consequences. Therefore, it is essential to consider the gateway issue before analyzing any contract essay question.