Contract Law

Question 1

private autonomy

Answer 1

is the freedom to decide, with whom to make a contract about what, in what terms and if to conclude a contract or not

Question 2

a contract is concluded by

Answer 2

one party making an offer and the other party accepting said offer

Question 3

offer

Answer 3

is the initial declaration of intent by one party

Question 4

acceptance

Answer 4

is the positive declaration of will by the other party to enter into the contract
must mirror the terms of the offer, otherwise no contract

Question 5

an offer is binding

Answer 5

as soon as it reaches the other party and it remains bending for the tie specified by the party making the offer or a reasonable period of time

Question 6

if the acceptance is incomplete or differs in its terms from the initial offer

Answer 6

refusla or counter offer

Question 7

most contracts may be concluded without complying with a special form

Answer 7

oral offer and acceptance suffices

Question 8

silence as acceptance

Answer 8

a failure to respond to a certain offer is not regard as an acceptance
even if the offeror states this - the offer cannot be forced to respond

Question 9

standard terms

Answer 9

become part of the contract only if the parties consent to those terms being incorporated into the individual contract

Question 10

unusual clauses

Answer 10

will not become part of the contract if they are damaging to the opposite party and he would have not accepted such clause under the circumstances

Question 11

clauses that do not speak to the principal contractual performance

Answer 11

may be null and void if they are grossly disadvantageous for the opposite party