Chapter 5 Flashcards
agreements that are enforceable through the law, agreed upon by two or more parties with benefits for all parties to the contract
contracts
what a contract is actually going to do
Substantive Aspects of Contracts
the person making the offer
offeror
the person to whom the offer is being made
offeree
anything that shows a willingness to conduct a business transaction
invitation to treat
a promise to enter into a contract, under complete and specific terms, once there is a communicated acceptance
offer
a new offer that also rejects the previous original offer
Counter offer
A negative statement that terminates the current offer
rejection
an offer is accepted when the acceptance is given to the postal service, not when it is received by the offeror
Post box rule
the obligations each party owes to the other under the contract
consideration
doing, or agreeing to do, something for another person with no expectation of getting anything in return
gratuitous promise
“what one has earned”; it is how contract law determines that a reasonable price has been paid for a service
quantum meruit
contracts between a potential buyer and the seller of some item whereby in exchange for a fee the seller gives the potential buyer the first chance to buy the item, up to a certain date
option agreement
in a written contract, the terms that actually appear in the document
express terms
items occasionaly added to contracts by judges in situations where the contract reaches the courts
implied terms