Contracts Flashcards
People enter into contracts to control the
Future
Contracts make business matters more…
Predictable
Judicial restraint
Court requiring parties to fulfill obligations (passive)
Judicial activism
Court ignores provisions because they are seen as unjust
Law is more flexible but unpredictable
Contract elements
Agreement, consideration, legality, capacity
Bilateral contracts
Both parties make a promise
Unilateral contracts
One party makes a promise that the other can accept by doing something
Express contracts
Terms explicitly stated
Implied contracts
Words and conduct indicate intended agreement
Executory contracts
When one or more parties has not fulfilled their agreements
Executed contracts
All parties have fulfilled their obligations
Valid contracts
Lawful
Voidable contract
Law per,it’s a party to void the contract
Void agreement
Neither party can enforce - unlawful or no power to enforce
Promissory Estoppel
Defendant makes a promise that the plaintiff relies on