Concept Of Contracts Flashcards
. There are laws that aim to protect and control businesses, and they are continually increasing and evolving.their main purposes are:
*To ensure there is a free competition between business
*to maintain a good level of safety and resources and secure ethical working conditions
- to protect consumers
What is Copyright
Copyright is the mean to prevent othersof stealing the intellectual creations of people (stealing people’s work)
What is patents
Patent is preventing imitation or original invention of products
What is Trademarks
Trademarks are Words Letters or Symbol that are associated with a particular company or product
What is a contract?
It is a written or spoken type of agreement between two or more people that is legally binding and enforceable in a court of law
Unwritten contracts are implied as;
Contract by actions
5 legal characteristics of contracts?
*Legality: a contract must have a legal purpose ( contracting someone to murder or commit burglary
*consideration: Each party must agree to give up something
*Agreement: all parties to a contract must be of mutual agreement (offer of acceptance)
- Capacity :the parties must be competent ( meaning being capable and not under influences such as drugs and alcohol)
- Good faith: all the parties must engage in the agreement freely and honestly
What is simple contracts?
A simple contract is a simple agreement between two parties
Define speciality contracts
Specially contracts are referred to as deed or contracts under seal
Speciality contracts have three requirements:
*Signing - the contract is signed by all parties involved
*Sealing - the contract is attached with some form of raised seal
Delivery -
A SPECIALITY CONTRACT DOES NOT HAVE LEGAL SIGNIFICANCE UNLESS ALL THE ABOVE HAVE BEEN CARRIED OUT.
Examples of specialty contracts:
Mortgage Agreements
Insurance contracts
Land or property sales
Hire purchase agreements
Sales of goods contract
What is a Contract of Record
It refers to an order imposed by the court requiring a party to abide by a ruling set down by the court.
The ruling requires someone to do , or not to do, something.
Form of business protection
Trademark
Patent
Copyright
Logo
Parties to a contract?
‘The offer or
The offeree
The acceptor
There are three elements to a contract process
The offer
The consideration
The ecceptance