Contract law Flashcards
Terms of contract
Offer
Acceptance
Consideration
Capacity to contract
Consent to contract
Legality of form
Legality of purpose
Offer
This is when one this one asks another party to enter a contract . This offer has to be made unconditionally , this can be done oral, in writing or in conduct.
Acceptance
This is when the party being asked accepts the terms of the contract. This can be done orally , in writing or in conduct. If one party changes an offer in the contact this is known as a counter offer.
Consideration
Payment has to be adequate, legal , real and have value to both parties involved
Capacity to contact
This is about the power of a person about to enter into a contract. The person must be over 18 except for any necessities. The person must be of sound mind , this person cannot be under the influence , the person cannot be bankrupt , directors that goes against the company policy
Consent to contract
The person that is going into a contract must enter by their own free will. They should be no use of force , lies or undue influence eg elderly people and vunrable people l
Legality of Form
This refers to how the contract is made. Can be done orally or in writing , some contracts must be done in a certain manner. Eg buying a house
Legality of Purpose
Legally binding contacts can only be used for legal transactions.