Contacts Flashcards
What is the purpose of law in businesses
To ensure that there is free competition between businesses
To maintain a good level of safety unsecured ethical conditions
To protect consumers
What are trademarks
Treating marks are words, letters or symbols that are associated with a particular company or product.
What are the characteristics of a legal contract
Agreement Capacity Good faith Consideration Legality
Agreement
All parties to a contract must be of mutual agreement
Capacity
The parties must be confidence, that is, that day must both be of sound mind, legal age and not under the influence of drugs or alcohol
Good faith
All parties must engage in the agreement freely and honestly and with a genuine intention of the contract being carried out
Consideration
Each party of the agreement must agree to give up something in exchange for a benefit
Legality
A contract must have a legal purpose. If a contract involves any illegal act it is illegal Android
Simple contracts
A simple contract is a simple agreement between two parties, it needs no special form, it may be by word or mouth or in writing or maybe implied by conduct
Specialty contract
Also known as Deeds or contract under seal they tend to be a more formal type of contract often written on a special form, and they have three requirements
Signed by both parties
The contract is attached with some sort of seal
The contract is placed by the person to whom it is delivered all parties must have a copy
Means of terminating a contract
By fulfillment of the contract By a breach in the contract By mutual agreement Inability to complete the contract By lapse of time By murger, a new contract replaces the old one By Death
Common mistake
The parties of a contract agree on the subject of the contract but both parties are equally mistaken about some aspect
Mutual mistake
Both parties are mistaken about the same material fact hence making the contract void
Unilateral mistake
This is where one party is mistaken but the other party is not mistaken. An example of this is fraud