Contract Law Flashcards
(17 cards)
when one party makes an offer that is accepted by the other party
contract formation
when parties promise to give each other something of value
consideration
for a contract to be binding it
offer and acceptance mus match each other (one party accepts exactly what the other party offered)
a new offer to the first party which may be accepted or rejected
counter-offer
for there to be a valid contract the parties must agree on
the essential terms
- price
- subject matter of the contract
contract by spoken word
oral contract
something positive which the party wants to get from a contract
rights
something which a party has to do or give up
obligation
when a party does not what it is required to
breach of contract
the non breaching party can sue the breaching party to get a court to….
award damages for the breach
money which the court orders the breaching party to pay to the non-breaching party in compensation
damages
when the court orders the breaching party to perform the contract
specific performance
when a party (assignor) transfers its rights to another party (assignee) to perform a specific performance
assignement
a legal solution for a breach of contract, in order to achieve justice
damages
remedies for breach of contract
-restitution (to have what they gave, returned to them)
-damages (compensation for their loss)
-specific performance (forced to perform contract)
3 requirements for formation
-intention
-consideration
-agreement
when you depend and trust in something or someone
reliance