Ch 3 - Formation Of A Contract Flashcards
Actions resulting in the termination of a contract? ( 5 points)
Express rejection, counter offer, lapse of time, revocation, death.
5 essential features of a contract?
Offer, acceptance, consideration, intention, capacity.
General rule involving communication of acceptance?
Acceptance may be in the form of a written document or oral conduct.
Silence should not be considered as acceptance.
The element of value in an agreement is defined as _______?
Consideration.
What are the 3 forms of consideration?
1.executory: the promise to perform an action.
2.executed: act given in return for promise.
3.past: strict order that consideration must be paid/ supplied after an agreement has been formulated.
3 laws under equitable doctrine of promissory estoppel?
- Creditor makes promise to waive a debt.
- Debtor relies on the promise to their detriment.
- Creditor is aware of the reliance made by the debtor.