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Study sets matching "contract law"

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Study sets matching "contract law"

8 terms
Law of Contract
Legality of form
Consent to contract
Capacity to contract
Legality of purpose
- The contract must be drawn up in a certain way if they are…
- Both parties must give their: real, voluntary and genuine p…
Each party must have capacity to contract mentally, being of…
The contract must be for a genuine legal purpose to begin wit…
Legality of form
- The contract must be drawn up in a certain way if they are…
Consent to contract
- Both parties must give their: real, voluntary and genuine p…
212 terms
Contract Law for Law Students
What is a contract?
What are unliquidated damages?
What law applies to:... Services... Land... Goods
What are the key three elements of a c…
a contract is a legally enforceable agreement composed of a p…
damages that cannot be determined by a fixed formula and must…
• common law (state case law) for services;... • common law (sta…
• mutual assent... • consideration... • no defenses to formation ... (…
What is a contract?
a contract is a legally enforceable agreement composed of a p…
What are unliquidated damages?
damages that cannot be determined by a fixed formula and must…
10 terms
Contract Law
Offer
Acceptance
Consideration
Necessities of Life
is a written or orally given statement ... or act of a person or…
is an oral or written statement, or actions showing that a pe…
is an exchange of some benefit or something of value by each…
(1.) goods reasonably necessary for ... his/her support in his s…
Offer
is a written or orally given statement ... or act of a person or…
Acceptance
is an oral or written statement, or actions showing that a pe…
22 terms
Contract Law
Contract
Offeror
Offeree
Offer
Agreements between two or more parties that create obligations
The person who makes an contractual offer
The person who receives a contractual offer
A personal proposal by one party to another intended to creat…
Contract
Agreements between two or more parties that create obligations
Offeror
The person who makes an contractual offer
212 terms
Contract Law for Law Students
What is a Contract?
What does a Contract Require?
What are unliquidated damages?
What law applies to:... Services... Land... Goods
A contract is a legally enforceable agreement composed of a p…
Requires: ... Mutual Assent, Consideration, aka "Bargained-for…
Damages that cannot be determined by a fixed formula and must…
• Common law (state case law) for services;... • Common law (sta…
What is a Contract?
A contract is a legally enforceable agreement composed of a p…
What does a Contract Require?
Requires: ... Mutual Assent, Consideration, aka "Bargained-for…
28 terms
Contract law and contract
The economy is based on the freedom to…
The contract law sets forth the requir…
Contract has to be valid and binding i…
There are rights that protect contract…
Gospodarka opiera się na zasadzie swobody zawierania umów.
Prawo umów określa wymagania, które muszą zostać spełnione.
Umowa musi być ważna i prawnie wiążąca.
Istnieją prawa, które chronią strony zawierające umowę w przy…
The economy is based on the freedom to…
Gospodarka opiera się na zasadzie swobody zawierania umów.
The contract law sets forth the requir…
Prawo umów określa wymagania, które muszą zostać spełnione.
212 terms
Contract Law
What is a Contract?
What does a Contract Require?
What are unliquidated damages?
What law applies to:... Services... Land... Goods
A contract is a legally enforceable agreement composed of a p…
Requires: ... Mutual Assent, Consideration, aka "Bargained-for…
Damages that cannot be determined by a fixed formula and must…
• Common law (state case law) for services;... • Common law (sta…
What is a Contract?
A contract is a legally enforceable agreement composed of a p…
What does a Contract Require?
Requires: ... Mutual Assent, Consideration, aka "Bargained-for…
35 terms
Intro to Law - Contract Law
Contract
Unenforceable
Unilateral Mistake
Legality
any agreement enforceable by law
court will not uphold due to some rule of law
error by one of the parties
contract must not violate statutes
Contract
any agreement enforceable by law
Unenforceable
court will not uphold due to some rule of law
117 terms
(Contract) Law
Chapter 7
contract
offeror
offeree
Offer and Acceptance
an agreement that courts will enforce
party who makes an offer to form a contract
party to whom an offer is made
Chapter 7
Offer and Acceptance
contract
an agreement that courts will enforce
212 terms
Contract Law for Law Students
What is a Contract?
What does a Contract Require?
What are unliquidated damages?
What law applies to:... Services... Land... Goods
A contract is a legally enforceable agreement composed of a p…
Requires: ... Mutual Assent, Consideration, aka "Bargained-for…
Damages that cannot be determined by a fixed formula and must…
• Common law (state case law) for services;... • Common law (sta…
What is a Contract?
A contract is a legally enforceable agreement composed of a p…
What does a Contract Require?
Requires: ... Mutual Assent, Consideration, aka "Bargained-for…
40 terms
CONTRACT LAW
breach of contract
legal capacity
reciprocal consideration
damages
naruszenie umowy
zdolność prawna
świadczenie wzajemne
odszkodowanie
breach of contract
naruszenie umowy
legal capacity
zdolność prawna
222 terms
Contract Law
Acceptance
ACL
AG
Agreement
An affirmative response to an offer; a communication from the…
The Australian Consumer Law. Australia's main consumer protec…
Attorney-General, the principle law officer of a state or fed…
An understanding between two parties that one of them will do…
Acceptance
An affirmative response to an offer; a communication from the…
ACL
The Australian Consumer Law. Australia's main consumer protec…
82 terms
CONTRACT LAW
BILATERAL CONTRACT
COMPETENCY OR CAPACITY
CONSIDERATION
CONTRACT
The exchange of a promise for a promise
The premise is that each party is able to understand the term…
Each party must make a sacrifice and each party must receive…
A legally enforcable agreement between parties who agree to p…
BILATERAL CONTRACT
The exchange of a promise for a promise
COMPETENCY OR CAPACITY
The premise is that each party is able to understand the term…
15 terms
Contract law
contract
counteroffer
void contract
express contract
an agreement made between two or more parties to establish, a…
a notification of accepting an offer to contract but on diffe…
a contract that is destitute of legal effect
a contract the terms of which have been specifically outlined…
contract
an agreement made between two or more parties to establish, a…
counteroffer
a notification of accepting an offer to contract but on diffe…
9 terms
Contract Law
Contract Law
Four types of Contracts
Expressed
Implied
a body of law that governs oral and written agreements associ…
Expressed, Implied, Unilateral, Bilateral
A contract in which all elements are specifically stated, inc…
a legal substitute for a contract. It is an agreement created…
Contract Law
a body of law that governs oral and written agreements associ…
Four types of Contracts
Expressed, Implied, Unilateral, Bilateral
23 terms
Contract Law
Uniform Commercial Code (UCC)
Bilateral Contract
Unilateral Contract
Express Contract
Originally drafted by the National Conference of Commissioner…
One where a promise is exchanged for a promise
A promise is exchanged for an act.
Are formed through words, either oral or written.
Uniform Commercial Code (UCC)
Originally drafted by the National Conference of Commissioner…
Bilateral Contract
One where a promise is exchanged for a promise
47 terms
Contract Law
What is a contract?
Where does contract law come from?
What are the types of contracts?
implied contract
an agreement or promise between two or more parties
judge made or common law
Express contracts, implied contracts, simple contracts, contr…
a contract in which the terms are not expressly stated but ca…
What is a contract?
an agreement or promise between two or more parties
Where does contract law come from?
judge made or common law
44 terms
contract law
deal with
legal rights
legal system
party
иметь дело с....
законные права
правовая система
сторона
deal with
иметь дело с....
legal rights
законные права
29 terms
Contract Law
Sources of Contract Law
What is a Contract
Objective Theory of Contract
Elements of a Contract
Common Law (except sales and leases) ... Sale and Lease contract…
Promise, breach of which, law provides remedy, performance wh…
Circumstances to determine intent of parties
Agreement, Consideration, Contractual Capacity, Defense
Sources of Contract Law
Common Law (except sales and leases) ... Sale and Lease contract…
What is a Contract
Promise, breach of which, law provides remedy, performance wh…
10 terms
Contract Law: Contract Terms
Bannerman
Routledge
Esso Petroleum
Gillespie Bros
the assurance was the condition upon which the contract was e…
the longer the time between the statement and the final agree…
a negligent forecast was relied on, and was thus a collateral…
the presumption that a document which looks like a contract i…
Bannerman
the assurance was the condition upon which the contract was e…
Routledge
the longer the time between the statement and the final agree…
30 terms
Contract Law
Express Contract
Implied Contract
Execution
Executed
A contract created by the words, oral or written, of the cont…
These contracts are created buy the actions of the parties.
This refers to the placing of the signatures, thus putting th…
The terms of an executed contract have been fully performed.
Express Contract
A contract created by the words, oral or written, of the cont…
Implied Contract
These contracts are created buy the actions of the parties.
64 terms
Contract Law
contract
unilateral contract
bilateral contract
express contract
a single promise or a set of mutual promises, the performance…
consists of a single promise made by the offeror to the offer…
consists of a promise given in exchange for a promise.
a contract formed by specific words, either oral or written.
contract
a single promise or a set of mutual promises, the performance…
unilateral contract
consists of a single promise made by the offeror to the offer…
172 terms
Contract Law
Common Law
Uniform Commercial Code
Goods
Contract for Both Goods and Services
Governs contracts not governed by the UCC
Governs contracts for the sales of goods
Tangible chattels which are moveable and identifiable to the…
The court will apply the predominant factor test to see if th…
Common Law
Governs contracts not governed by the UCC
Uniform Commercial Code
Governs contracts for the sales of goods
82 terms
CONTRACT LAW
BILATERAL CONTRACT
COMPETENCY OR CAPACITY
CONSIDERATION
CONTRACT
The exchange of a promise for a promise
The premise is that each party is able to understand the term…
Each party must make a sacrifice and each party must receive…
A legally enforcable agreement between parties who agree to p…
BILATERAL CONTRACT
The exchange of a promise for a promise
COMPETENCY OR CAPACITY
The premise is that each party is able to understand the term…
Contract Law
contract
revocation
void
bilateral
Any agreement enforceable by law.
The taking back of an offer by the offereror.
A contract that amounts to nothing and has no legal effect.
A contract that contains a promise by both parties.
contract
Any agreement enforceable by law.
revocation
The taking back of an offer by the offereror.
12 terms
Contract Law
Contract
Offer
invitation to treat
Acceptance
An agreement that is legally enforceable.
For any contract to exist there must be an offer.
An invitation for someone to make an offer.
For a contract to exist the offer must be accepted.
Contract
An agreement that is legally enforceable.
Offer
For any contract to exist there must be an offer.
61 terms
Contract Law - Terms of Contract
Melanesian Mission Trust Bd v AMP Soci…
Parol Evidence Rue
Shogun Finance Ltd
Critiques of the traditional approach
The plain meaning rule ... - Intention of the parties to be disc…
- Evidence of intention should be the document itself; except…
The rule that other evidence may not be adduced to contradict…
- Unrealistic to assume everything can be interpreted through…
Melanesian Mission Trust Bd v AMP Soci…
The plain meaning rule ... - Intention of the parties to be disc…
Parol Evidence Rue
- Evidence of intention should be the document itself; except…
399 terms
Contract Law
Common Law
Uniform Commercial Code
Goods
Goods
governs contracts not governed by the UCC; contract in which…
governs contracts for the sale of goods
tangible chattels which are moveable and identifiable to the…
1. tangible chattel... 2. moveable... 3. identified in the contract
Common Law
governs contracts not governed by the UCC; contract in which…
Uniform Commercial Code
governs contracts for the sale of goods
40 terms
contract law
Muirhead & Turnbull v Dickson
stuart v kennedy
mathieson g v quigley
Carlil v Carblic smokeball
objective approach: 'commercial contracts cannot be arranged…
objectively there was too little info for the court to determ…
OBJECTIVELY Q accepted the machinery but not the removal of s…
advertisement with intention to become bound in this circumst…
Muirhead & Turnbull v Dickson
objective approach: 'commercial contracts cannot be arranged…
stuart v kennedy
objectively there was too little info for the court to determ…
212 terms
Contract Law for Law Students
What is a contract?
What are unliquidated damages?
What law applies to:... Services... Land... Goods
What are the key three elements of a c…
a contract is a legally enforceable agreement composed of a p…
damages that cannot be determined by a fixed formula and must…
• common law (state case law) for services;... • common law (sta…
• mutual assent... • consideration... • no defenses to formation ... (…
What is a contract?
a contract is a legally enforceable agreement composed of a p…
What are unliquidated damages?
damages that cannot be determined by a fixed formula and must…
23 terms
contract law
contract
contract must meet (1)
contract must meet (2)
contract must meet(3)
a set of legal enforceable promises ... entered into by two or m…
agreement(manifestation of mutual assent)
consideration
capacity
contract
a set of legal enforceable promises ... entered into by two or m…
contract must meet (1)
agreement(manifestation of mutual assent)
64 terms
Contract Law
Unilateral Contract
Bilateral Contract
Contract
Offer
results from offer that requires performance as the ONLY poss…
All other offers (offer is silent as to method of acceptance)
A contract is an agreement that is legally enforceable
Offeror's manifestation of willingness to contract (Basic tes…
Unilateral Contract
results from offer that requires performance as the ONLY poss…
Bilateral Contract
All other offers (offer is silent as to method of acceptance)
37 terms
Contract law week 2
offer
consensus ad idem
reasonable person
unilateral contract
An expression of willingness to contract on specified terms,…
"agreement as to the same things": A meeting of the minds (pa…
Standard of behaviour that judges a person's actions in a sit…
A contract that contains a promise by only one person to do s…
offer
An expression of willingness to contract on specified terms,…
consensus ad idem
"agreement as to the same things": A meeting of the minds (pa…
8 terms
Contract Law
SOF categories
SOF functions
Mutual Assent
Embry v. Hargadine (offer)
6
Evidentiary; channeling; cautionary; fuzzy-memory
1. Presence of offer + acceptance not necessary condition;... 2.…
D told P: 'Go ahead, you're all right...' -> use objective st…
SOF categories
6
SOF functions
Evidentiary; channeling; cautionary; fuzzy-memory
33 terms
contract law
induce
representation
condition subsequent
state of affairs
to persuade or influence somebody to do something.... (Nothing…
it is a name given to a statement that induce the contract bu…
It is an event or state of affairs that brings an end to some…
a situation
induce
to persuade or influence somebody to do something.... (Nothing…
representation
it is a name given to a statement that induce the contract bu…
9 terms
CONTRACT LAW
OFFER
CONTRACT
ACCEPTANCE
CONSIDERATION
This is made when one person asks another to enter into a dea…
A legally binding agreement between two or more people in whi…
When the other person agrees precisely to all the terms of th…
The payment that one person gives to the other as part of the…
OFFER
This is made when one person asks another to enter into a dea…
CONTRACT
A legally binding agreement between two or more people in whi…
12 terms
Contract law
Ratify
Liability
Without prejudices
Legally binding
Signed, agreed
Responsible
Not liable, facts that cannot be an evidence in court
...
Ratify
Signed, agreed
Liability
Responsible
10 terms
contract law
Acceptance
Ailateral contracts
Contract
Counteroffer
Affirmative response necessary to transform an offer into a c…
Binding agreement created by an offer that is accepted by a p…
A unilateral or bilateral agreement that is legally effective…
Response by Offeree, with new terms, which ends the original…
Acceptance
Affirmative response necessary to transform an offer into a c…
Ailateral contracts
Binding agreement created by an offer that is accepted by a p…
6 terms
Contract law
ambiguity
availability
confidentiality
liability
dwuznaczność, niejednoznaczność
dostępność, osiągalność, dyspozycyjność
poufność
odpowiedzialność prawna, zobowiązanie... wierzytelność
ambiguity
dwuznaczność, niejednoznaczność
availability
dostępność, osiągalność, dyspozycyjność
148 terms
Contract law
Valid contract needs:
Define offer
Test for intention
Invitation to treat
Offer... Acceptance... Intention to create legal relations... Consider…
Expression of willingness to contract on certain terms with t…
Not actual intention, but what RM would think intention was... S…
A statement inviting negotiation... Goods on display in self-ser…
Valid contract needs:
Offer... Acceptance... Intention to create legal relations... Consider…
Define offer
Expression of willingness to contract on certain terms with t…
24 terms
Contract Law
oral contracts
legally binding
enforceable contract
What are the essential elements of a c…
verbal agreement
agreement consciously agreed to by two or more parties, estab…
a contract which the court will force the parties to carry out
1. offer... 2. acceptance... 3. consideration
oral contracts
verbal agreement
legally binding
agreement consciously agreed to by two or more parties, estab…
212 terms
Contract Law for Law Students
What is a contract?
What are unliquidated damages?
What law applies to:... Services... Land... Goods
What are the key three elements of a c…
a contract is a legally enforceable agreement composed of a p…
damages that cannot be determined by a fixed formula and must…
• common law (state case law) for services;... • common law (sta…
• mutual assent... • consideration... • no defenses to formation ... (…
What is a contract?
a contract is a legally enforceable agreement composed of a p…
What are unliquidated damages?
damages that cannot be determined by a fixed formula and must…
94 terms
Contract Law Cases
Smith v Hughes (1871)
RTS Flexible Systems Ltd v Molkereir A…
Hartog v Colin and Shields [1939]
Statoil ASA v Louis Dreyfus Energy Ser…
Agreement reached if a reasonable man would believe the indiv…
Letter of Intent (without signed contract) for supply of pack…
If offeror's mistake relates to terms of the offer/contract a…
If offeror's mistake regards facts on which he based his deci…
Smith v Hughes (1871)
Agreement reached if a reasonable man would believe the indiv…
RTS Flexible Systems Ltd v Molkereir A…
Letter of Intent (without signed contract) for supply of pack…
53 terms
Contract Law
Contract
Reliance
Remedies
Valid
A binding agreement between the two parties, who have the cap…
When a party to an agreement acts because he or she trusts th…
When a party does not receive what was promised under the con…
A contract that fulfills all of the legal requirement so that…
Contract
A binding agreement between the two parties, who have the cap…
Reliance
When a party to an agreement acts because he or she trusts th…
22 terms
Contract Law
Contract Law
Offer and Acceptance
Invitation to treat
Acceptance
A contract is a legally binding agreement between two or more…
An offer is made when one person asks another to enter into a…
this is an invitation to a person to make an offer.=
means that the other person agrees to all the terms of the de…
Contract Law
A contract is a legally binding agreement between two or more…
Offer and Acceptance
An offer is made when one person asks another to enter into a…
24 terms
Contract Law
Complete Performance
Executed Contract
Tender of Performance
Substantial Performance
When a party to a contract renders performance exactly as req…
A contract that has been fully performed on both sides; a com…
An unconditional and absolute offer by a contracting party to…
Performance by a contracting party that deviates only slightl…
Complete Performance
When a party to a contract renders performance exactly as req…
Executed Contract
A contract that has been fully performed on both sides; a com…
49 terms
Contract Law
Nelson v Cooks McWilliams Wines Ltd
Nelson v Cooks McWilliams Wines Ltd
Biotechnology Australia Pty Ltd v Pace
Biotechnology Australia Pty Ltd v Pace
- Plaintiffs are grape growers each seek judgements under the…
- Milnes v Gery (1807) 14 Ves 400 establishes old rule that c…
Biotechnology Australia PTY LTD v pace... - Offer of employment…
- "It is an attribute to free society, as we know it, that it…
Nelson v Cooks McWilliams Wines Ltd
- Plaintiffs are grape growers each seek judgements under the…
Nelson v Cooks McWilliams Wines Ltd
- Milnes v Gery (1807) 14 Ves 400 establishes old rule that c…
208 terms
Contract Law
Carlill v Carbolic Smoke Ball Co
Gibson v Manchester City Council
Pharmaceutical Society of GB v. Boots
Denton v. Great Northern Railway
Unilateral contract; Carbolic put money in the bank... ready…
Invitations to treat... Gibson was ' invited' to purchase the pr…
Goods on the shelf constitute an invitation to treat not an o…
The offer is created when a train company publishes a timetab…
Carlill v Carbolic Smoke Ball Co
Unilateral contract; Carbolic put money in the bank... ready…
Gibson v Manchester City Council
Invitations to treat... Gibson was ' invited' to purchase the pr…
13 terms
Contract law
Contract
Oral or written agreement between two…
An exchange relationship
Which law governs contracts?
A contract may be defined as an exchange relationship created…
It is enough that words and conduct of a party, evaluated on…
A promise is an undertaking to act or refrain from acting in…
State Law governs contracts
Contract
A contract may be defined as an exchange relationship created…
Oral or written agreement between two…
It is enough that words and conduct of a party, evaluated on…
12 terms
Contract Law
Contracts
Offeror
Offeree
Offer
agreements between two or more parties that create obligations
the person who makes the offer
the person to whom the offer is made
a proposal by an offeror to do something, provided the offere…
Contracts
agreements between two or more parties that create obligations
Offeror
the person who makes the offer
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