Contracts Flashcards
What is a unilateral contract?
Exchange of a promise for an act.
What is a contract?
An enforceable exchange of promises
What is a Void contract?
At its formation has an illegal object of defect.
Quasi contract
A court imposed agreement to prevent the unjust enrichment of 1 party when the parties have not really agreed to an enforceable contract
Legal offer
shows objective intent to enter into the contract, is definite it is communicated to the offeree.
6 elements of a contract
- Legal offer
- Legal acceptance
- Consideration
- Genuine assent
- Competent parties
- Legal acceptance
Legal acceptance:
An acceptance that shows objective intent to enter into the contract
Genuine Assent
Contract is free of fraud “meeting standards”
Fraud
Misrepresentation of a material fact made with intent to deceive the other party to a contract.
Duress-
wrongful act or threat that prevents a party from exercising free will with executing a contract
Undue influence
Mental coercion exerted by one party over the other party to the contract.
Mistake
Error as to material fact.
Competency
a persons ability to understand the nature of transaction and the consequences of entering into it at the contract was entered into.
Legal object
Contract subject matter that is lawful under statutory an case law
Parol (oral) evidence rule
When parties have executed a written agreement that is complete on its face, oral agreements made before or at the same time as, the written agreement are invalid.