1 Outline of Contractual Relations

Question 1

Law of contract or Law of Contracts?

Answer 1

singular: basic foundations common to almost all contracts

plural: special rules added in response to circumstances

Question 2

3 things that you need for the creation of a contract:

Answer 2

1. intention to create legal relations (exchange promises that is so enforcement that they will re enforced by the state of law)
2. Offer and Acceptance: a meeting of the minds (consensus ad idem)
3. consideration: an exchange of value- bargain element

Question 2

Enforcement of Contracts

Answer 2

fulfillment of expectations
-specific enforcement: judicial order to perform obligations (rare)
-damages: monetary value of performance (common) (a) contractual damages (fwd looking fulfil expectations); (b) tort damagers: backward looking - restore status quo ante

Question 3

Tort Vs Contracts

Answer 3

Tort: looking backwards, make it as if it never happened (versus contracts is the fulfillment expectations). Tort is a wrong something that should have never happened

Tort goes backwards for damages. something that should have never happened, damages to make it as it never happened.

Contracts goes forward. Expectation interest. Damages goes to expectations, forward in time to make it as if the party that fulfilled their promise.

A good lawyer sues as many different ways as you can