ch 9

Question 1

source of contract law

Answer 1

common law, statutory, or admin regulations

Question 2

promise

Answer 2

promisee expects something

Question 3

contract

Answer 3

set of promise btw parties, giving each a legal duty to the other and also right to seek remedy for breach of contract

Question 4

objective theory of contracts

Answer 4

partys intention to enter into a contract can be judged by a reasonable person

Question 5

objective facts (3)

Answer 5

what party said when entering contract, party acted or appeared, and circumstances surrounding transaction i.e.,. alcohol present

Question 6

freedom to contract

Answer 6

ability to enter freely into contractual agreements

Question 7

requirements of valid contract

Answer 7

agreement (offer and acceptance), consideration (bargained for and detriment), legality (legal and not against public policy), and capacity (competency)

Question 8

unenforceable contracts

Answer 8

voluntary consent (willingness to accept and offer contract) and form (how contract is written- required by law and if done improperly void)

Question 9

bilateral

Answer 9

“promise for a promise” agreement made after offer made

Question 10

unitateral

Answer 10

“act” one sided and not a completed contract until after act has been completed i.e. contests and lotteries

Question 11

LPL case

Answer 11

can’t change contract terms after act has been done- decided to not participate in tourney even though it was part of the rules if won

Question 12

Schwarzrock V remote technologies inc.

Answer 12

scjwarzrock’s EA an enforceable unilateral contract? YES. stale appellate court said unilateral contract

Question 13

Revocation of offers for unilateral contracts

Answer 13

once act has been made to be done, offeror can not revoke the contract

Question 14

formal v informal contracts

Answer 14

formal- require special form to be created and then to be enforceable ie. checks drafts or promissory notes

Question 15

informal contracts

Answer 15

all other types of contracts that are not formal (no special form required) substance over form

Question 16

Express Contract

Answer 16

contract stated in words either written or oral ie. signed lease for a house

Question 17

Implied Contract

Answer 17

conduct of parties over their words, defines some parts of the contract

Question 18

requirements for implied contracts

Answer 18

plaintiff furnishes some service or property, plaintiff expects to be paid for property and defnednet knew this going into the contract, defended had chance to reject contract but chooses not to i.e. going to accounts office discussing fees etc then coming back the next day to turn in contract and hand in fees so contract is implied because of both parties conduct

Question 19

Mixed Contracts (express and implied)

Answer 19

i.e. asking contract company to make adjustment and use a different type of block when laying it down. the company agreed then later asked for more money because the blocks were more costly and asked the guy to pay more and he refused so the company sued him and won

Question 20

Executed Contract

Answer 20

contract fully performed by both parties

Question 21

executory contract

Answer 21

any contract that has yet to be fully performed *if fully performed on one side but not the other, then one side executory and other executed

Question 22

valid contract (4 parts)

Answer 22

consideration, agreement, legality and capacity (are u capable of handling this mentally etc)

Question 23

Voidable Contract

Answer 23

valid contract that can be avoided by either of the parties or they can ratify (make valid) the contract i.e. when a minor makes a contract, the contract can become voidable since they are not adults, same with illegal substance or fraudulent contracts

Question 24

unenforceable contract

Answer 24

valid contract that cannot be enforced because of law or statue i.e. some contracts must be in writing and if they are not they are unenforceable

Question 25

void contract

Answer 25

no contract at all *parties have no legal obligation if contract is void i.e. if a party is declared legally insane they then lack capacity and contract is void

Question 26

Quasi Contracts

Answer 26

"implied in law" contracts, quasi = as if in latin, SO- fictional contracts that can be imposed on the parties by the courts as if the parties have entered into a contract together

Question 27

why are quasi contracts imposed?

Answer 27

to avoid unjust enrichment i.e. parties should not be allowed to profit or enrich themselves at the expense of others

Question 28

seamiest service association v copenhaver

Answer 28

Copenhavers had quasi contract with seawest because they paid seawest water bills for eight years and then suddenly refused to pay. Copenhaver was liable to seawest and had to pay for breach of their quasi contract.

Question 29

limitations on quasi contracts

Answer 29

party who has gained benefit on someone else unnecessarily or as a result of misconduct

Question 30

quasi breach of contract

Answer 30

non breaching party can sue breaching party

Question 31

Plain Language Laws

Answer 31

retirement to use simple terms when making a contract so that is can be understood by all parties

Question 32

plain meaning rule

Answer 32

language is clear and unequivocal

Question 33

wagner v columbia pictures industries inc.

Answer 33

Columbia is entitled to all of the profits from two of the charlies angels movies

Question 34

court will interpret language by

Answer 34

giving effect to the parties intent as expressed in their contract

Question 35

express terms usually given...

Answer 35

most weight over court of performance and court of dealing