Contracts Flashcards
Offer
An offer is an objective manifestation of a willingness to enter into an agreement that creates the power of acceptance in the offeree.
Terminate Offer
Through Rejection
Counter offer
Acts as a rejection and terminates the old offer, but creates a new one
Expectation Damages
Expectation damages are intended to put the nonbreaching party in the same position as if the contract had been performed.
Parole Evidence Rules
The parol evidence rule prevents a party to a written contract from presenting prior extrinsic evidence that contradicts the terms of the contract as written.
Intergration
If the writing completely expresses all of the terms of the parties’ agreement, then it is a total integration, and the parties cannot introduce any extrinsic evidence of prior or contemporaneous understandings.
After-contract creation
Promissory Estoppel
The doctrine of promissory estoppel can be used to enforce a promise if:
(i) the promisor should reasonably expect to induce action,
(ii) the promise does induce such action or forbearance, and
(iii) injustice can be avoided only be enforcement of the promise