Contracts Flashcards
What is a Contract?
A legally binding agreement between multiple parties whereby something is promised to be done or given.
A contract can be:
- Written
- Verbal
- Implied
What is the advantage of a written contract?
Either party cannot dispute the existence of the contract or its content
Define what an Offer is
An Offer is an indication or willingness to enter into a contract and the person making the offer is the offer or and the person receiving it is the offeree.
Five forms an offer can come in are:
- A letter
- A fax
- An e-mail
- A conversation
- Someone’s behavior
Termination can be:
- Rejection by offeree
- Death or insanity by either party
- Counteroffer
- Destruction of a key element
Define what Acceptance is
When the offeree agrees to the offer and accepts the specific terms the offer made
Acceptance can be communicated by these ways:
- Written
- Verbal
- Conduct
What does it mean that acceptance must be unqualified?
The offeree cannot introduce new terms to the contract and there is no room for doubt.
Define what Consideration is
The exchange of a promise or action in the form of goods, service or money between the parties.
The rules of a Consideration are:
- It must be real
- It must be possible
- It need not be adequate
- It must not be past
Intention to Create Legal Relations is…
An intention to enter into a legally binding agreement or contract