1. Introduction Flashcards
1
Q
What is a Contract?
A
Contract is an agreement to do something in exchange for somebody else to do something or not do something. i.e., bargains
o Requires mutuality of obligations and exchange of promises
2
Q
Prerequisite of formation of contract
A
- valid offer
- acceptance
- certainty
- Intention to create legal obligations
- consideration
3
Q
3 Core principles of contract
A
- Freedom of contract: the court’s role is enforcing a contract, it will vindicate an agreement people made, not interfere, modify, or re-write it —-Freedom of the minds
- The objective reasonable person (ORP): requires that there was mutual intent on both sides for the contract to perform
- Contracts generate strict liability (which are legally binding).