contract law Flashcards
What is a contract?
A contract is a legally binding agreement which 2 or more people can enter and it is legally enforceable if either parties do not apply.
What are the basic makeup for a contract to be made?
The basic elements are:
- Mental capacity
- Intention to create a legal contract
- offer
- Consideration
- Acceptance
What is an “offer” ?
The definition of “offer” is, it is an expression of willingness to contract on specified terms made with the intention that it is legally binding.
What are the methods of accepting of an “offer”?
An offer can be accepted through conduct and/or expressly.
Should a “invitation to treat” and an “offer” be differentiated ?
The answer is yes, an invitation to treat and an offer has to be clearly distinguished.
What is “Acceptance”?
“Acceptance” is the accepting of the offer that was offered to one or more party and they intentionally accepted knowing it would be binding.