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…
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…
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…
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…
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
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…
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
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…
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
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
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…
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…
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…
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…
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.
82 terms
Law of Contracts
Improvements
Appurtenance
Chattels
Fixtures
Any artificial thing attached to the land, such as a building…
"Runs with the land" is a right or privilege associated with…
Personal property like chairs, tables, clothing, money, bonds…
Personal property that has been so affixed to the land that,…
Improvements
Any artificial thing attached to the land, such as a building…
Appurtenance
"Runs with the land" is a right or privilege associated with…
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
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…
71 terms
Contract Law
Contract
Contracts can be categorized by:
unilateral contract
bilateral contract
a single promise or set of mutual promises, the performance o…
Type = unilateral, bilateral... Method = express, implied, quasi…
consists of a single promise made by the offeror to the offer…
consists of a promise given in exchange for a promise (mutual…
Contract
a single promise or set of mutual promises, the performance o…
Contracts can be categorized by:
Type = unilateral, bilateral... Method = express, implied, quasi…
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…
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…
law of Contract
contract
statute year
consideration
two persons
legal agreement
1872
section 2(d)
meeting of mind
contract
legal agreement
statute year
1872
401 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
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.
18 terms
Week 1: Contract Law
injured party
formation
consideration
counter-offer
person whose legally protected interests have been harmed
act of bringing a contract into existence
something of value given by one party to another in order to…
new offer with new terms made as a reply to an offer received
injured party
person whose legally protected interests have been harmed
formation
act of bringing a contract into existence
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)
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
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
Contract Law
Common Law
Statutory Law
Restatements of Law
Uniform commercial code (UCC)
-Developed through judiciary process... -Courts basing decisions…
-Created through legislative process... -Voting by legislature
-Published by American law institute... -codification(standardiz…
-Created jointly by the national conference of commissioners…
Common Law
-Developed through judiciary process... -Courts basing decisions…
Statutory Law
-Created through legislative process... -Voting by legislature
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…
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
12 terms
Contract Law
Wil-Helm Agency v Lynn
Holmes v Smith
Michael Coppel Promotions v Bolton
Isley v Motown Record Corp
Holding: Court held that agency breached the contract... Rule:…
Holding: Summary judgment granted to Will Smith ... Rule: Smith…
Holding: Bolton's motion to dismiss denied because Coppel ade…
Holding: Isley ordered to appear for new trial based on false…
Wil-Helm Agency v Lynn
Holding: Court held that agency breached the contract... Rule:…
Holmes v Smith
Holding: Summary judgment granted to Will Smith ... Rule: Smith…
5 terms
Contract Law
Contract
Quantum Meruit
Mirror Image Rule
Mailbox Rule
In Contract Law, the Restatement § 1, defines a contract as "…
In Contract Law is a Latin phrase meaning "what one has earne…
In Contract Law, MIR is also referred to as an unequivocal an…
In Contract Law, when an acceptance or rejection of a contrac…
Contract
In Contract Law, the Restatement § 1, defines a contract as "…
Quantum Meruit
In Contract Law is a Latin phrase meaning "what one has earne…
30 terms
Contract Law
Contract
valid contract
Void contract
voidable contract
is an enforceable agreement between two or more parties to do…
a valid contract meets all of the requirements for a contract…
a void contract has no legal effect
is a contract that at least one party has the option to void
Contract
is an enforceable agreement between two or more parties to do…
valid contract
a valid contract meets all of the requirements for a contract…
12 terms
Contract Law
Sandy Locks
Plenty Scissors
Writing
Verbal Contract
Prosecutor
Defendent
Is recommended when value is above $500 or involves real estate
type of agreement that is spoken
Sandy Locks
Prosecutor
Plenty Scissors
Defendent
190 terms
Contract Law
Contract
Contract Law
Common Law
Common Law Governs contracts of
an agreement that can be enforced in court... *if contractual pr…
1. procedures for enforcing private contractual agreements... 2.…
governs all contracts except when modified by statutory law o…
services, real estate, employment, insurance
Contract
an agreement that can be enforced in court... *if contractual pr…
Contract Law
1. procedures for enforcing private contractual agreements... 2.…
21 terms
Contract Law
Most contracts only need to contain tw…
How Long an Offer Stays Open
Revoking an Offer
Offers With Expiration Dates
All parties must be in agreement (after an offer has been mad…
for a "reasonable" time. What's reasonable, of course, is ope…
Whoever makes an offer can revoke it as long as it hasn't yet…
An offer with an expiration date is called an option, and it…
Most contracts only need to contain tw…
All parties must be in agreement (after an offer has been mad…
How Long an Offer Stays Open
for a "reasonable" time. What's reasonable, of course, is ope…
Law ( CONTRACT)
Contracts
ELEMENTS OF A CONTRACT
Essential element:
CLASSIFICATION OF A CONTRACT
A meeting of minds between two persons whereby one binds hims…
Essential elements,... Natural elements,... Accidental elements
Consent of the contracting parties,... Object certain,... Cause of…
According to perfection,... According to cause,... According to imp…
Contracts
A meeting of minds between two persons whereby one binds hims…
ELEMENTS OF A CONTRACT
Essential elements,... Natural elements,... Accidental elements
32 terms
Contract Law
consideration
express contract
implied contract
written contract
after the offer is accepted, something of value (an item or s…
a legal agreement in which the terms are transparent and know…
a contract that is implied by the parties' conduct (i.e. at a…
an agreement between two or more parties in which the terms a…
consideration
after the offer is accepted, something of value (an item or s…
express contract
a legal agreement in which the terms are transparent and know…
10 terms
Contract Law
Contract
acceptance
assent
consideration
An agreement creating obligations enforceable by law. The bas…
Assent to the terms of an offer. Acceptance must be judged ob…
To agree to something especially after thoughtful consideration
Something bargained for and received by a promisor from a pro…
Contract
An agreement creating obligations enforceable by law. The bas…
acceptance
Assent to the terms of an offer. Acceptance must be judged ob…
104 terms
Contract Law
Smith v Bank of Scotland
Taylor v Provan
Balfour v Balfour
Robertson v Anderson
There is a requirement of good faith on behalf of the credito…
The party should be incapacited from intoxication, thereby in…
An agreement or promise made between family members is presum…
Elderly woman and bingo case. Agreements can be legally bindi…
Smith v Bank of Scotland
There is a requirement of good faith on behalf of the credito…
Taylor v Provan
The party should be incapacited from intoxication, thereby in…
9 terms
Contract Law
Contracts
Offeror
Offeree
Consideration
an agreement between two or more parties that create obligati…
the person who makes the offer
the person to whom it is made
what the promisor demands and generally must receive in order…
Contracts
an agreement between two or more parties that create obligati…
Offeror
the person who makes the offer
40 terms
Contract Law
Contracts
Elements of Enforceable contract
Express Contract
Quasi- Contract
- Enforceable agreement to act or refrain from acting, ... - cre…
1. Offer/Acceptance ( mutual assent )... 2. Competent parties... 3.…
Manifested through Use of words ... - Implied contract, through…
- Not actually a contract, instead an equitable remedy to avo…
Contracts
- Enforceable agreement to act or refrain from acting, ... - cre…
Elements of Enforceable contract
1. Offer/Acceptance ( mutual assent )... 2. Competent parties... 3.…
15 terms
Contract Law
Contract
Six elements that a contract must cont…
Offer
Requirements of an offer:
Any agreement enforceable by law ... *Does not have to be written
1. offer... 2. acceptance... 3. genuine agreement... 4. capacity... 5. co…
a proposal made by one party to another party indicating a wi…
1. serious intent... 2. definiteness and certainty ... 3. communica…
Contract
Any agreement enforceable by law ... *Does not have to be written
Six elements that a contract must cont…
1. offer... 2. acceptance... 3. genuine agreement... 4. capacity... 5. co…
Contract Law
Express
Implied
Formal
Under Seal
families do this with their intentions by words at the time t…
the duties and obligations the parties assume that are not ex…
type of contract that must be in a special form or be created…
under legal protection of secrecy
Express
families do this with their intentions by words at the time t…
Implied
the duties and obligations the parties assume that are not ex…
Contract Law
Promisor
Promisee
Contract
Objective theory of contracts
The person making the promise
The person whom the promise is made
an agreement that can be enforced in court. It is formed by t…
Determines whether a contract has been formed. Objective fact…
Promisor
The person making the promise
Promisee
The person whom the promise is made
5 terms
Contract Law
abandonment
breach of contract
expressed contract
implied contract
when a healthcare professional initiates care of a patient an…
when either party in a contract fails to comply with the term…
either written or verbal agreement to a contract
agreement to a contract through actions only
abandonment
when a healthcare professional initiates care of a patient an…
breach of contract
when either party in a contract fails to comply with the term…
Contract Law
Contract law
Expressed Contract
Implied Contract
Unilateral Contract
a body of law that governs oral and written agreements associ…
a contract in which all elements are specifically stated, inc…
a legal substitute for a contract. It is an agreement created…
one party is legally obligated to uphold the terms of the con…
Contract law
a body of law that governs oral and written agreements associ…
Expressed Contract
a contract in which all elements are specifically stated, inc…
10 terms
Contract Law
Contract
Acceptance
Assent
Consideration
An agreement creating obligations enforceable by law. Breach…
Judges objectively, but can either be expressly stated or imp…
To agree to something especially after thoughtful considerati…
Something bargained for and received by a promisor from a pro…
Contract
An agreement creating obligations enforceable by law. Breach…
Acceptance
Judges objectively, but can either be expressly stated or imp…
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