Contract 1 Flashcards
What are contracts? And what are the three needed requirements to be successful?
Contracts are legal agreements that can be enforced by law. intention to create a legal; i) contractual intention; ii) agreement and (iii) consideration
What is the first element of a contract?
The first element of a valid contract requires the parties to intend to create a legal relationship
What is the second element of a contract?
The second element of a valid contract is agreement. Both parties must agree on the subject matter of the contract
When does the first stage of an agreement occur?
The first stage in reaching agreement occurs when an offer is made by the offeror to the offeree.
What is not an offer in contract law?
An invitation to treat is not an offer in contract law.
What does a counter offer do to an original offer?
A counter offer cancels out the original offer.
Acceptance of an offer is the…
Acceptance of an offer is the second stage of an agreement and to be effective it must be clearly communicated to the offeror.
When does special rules apply to acceptance?
Special rules apply when an offer and an acceptance are made through the post.
What is the third requirement of a valid contract?
The third requirement of a valid contract is consideration. This refers to the price paid in exchange for the promises both parties make.
When are contracts invalid?
The parties to a contract must have legal capacity or the contract will not be binding.
- Must not be underage
- Have the mental capacity
- They did not freely give their consent
- A contract of illegal matter
- If they are under duress or undue influence.