Contracts Flashcards
The requirement for a valid Contract are as follows
Consensus Contractual capacity Physical possibility of performance Legal possibility of performance Formalities
Define Natural persons
A Natural person are human beings who enter into contracts
Define juristic persons
These are entities i.e a group of people or a company
Modes of Contracting are
Orally - A spoken agreement
Written - A contract whereby an offer is made and acccepted
By Conduct
What is a unilateral contract
Only one party has duty to perform I.E a Donation
Bilateral contracts are?
Both parties have a duty to perform
i..e Contract of sale or purchase
Reciprocal Contracts are
when one persons duty to perform is dependent on another
i.e letting or hiring
The 3 degrees of contractual capacity are
Persons without contractual capacity i.e a Infant
Persons with limited contractual capacity i,e minor
Persons with full capacity .i.e Adults
Define a Prodigal in terms of a Contractual capacity
Persons who are unable to handle their financial affairs ( someone who has squandered their assets)
A court may only declare a person a prodigal
Financial contracts are to be ratified by a curator
Define a Minor
Anyone younger than 18.
Unable to conclude binding contracts without a Guardian
Bloom v American Swiss Watch Company 1915 AD.
This case illustrates that an offer can be made to a definite person, a group of persons or the world at large. However, a person can only act on the offer if aware of its existence.
LAPSING OF OFFERS
Withdrawal The lapse of an unreasonable time Rejection or refusal Death Counter-offer