Contracts Flashcards

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1
Q

The requirement for a valid Contract are as follows

A
Consensus
Contractual capacity 
Physical possibility of performance
Legal possibility of performance 
Formalities
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2
Q

Define Natural persons

A

A Natural person are human beings who enter into contracts

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3
Q

Define juristic persons

A

These are entities i.e a group of people or a company

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4
Q

Modes of Contracting are

A

Orally - A spoken agreement

Written - A contract whereby an offer is made and acccepted

By Conduct

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5
Q

What is a unilateral contract

A

Only one party has duty to perform I.E a Donation

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6
Q

Bilateral contracts are?

A

Both parties have a duty to perform

i..e Contract of sale or purchase

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7
Q

Reciprocal Contracts are

A

when one persons duty to perform is dependent on another

i.e letting or hiring

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8
Q

The 3 degrees of contractual capacity are

A

Persons without contractual capacity i.e a Infant
Persons with limited contractual capacity i,e minor
Persons with full capacity .i.e Adults

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9
Q

Define a Prodigal in terms of a Contractual capacity

A

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

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10
Q

Define a Minor

A

Anyone younger than 18.

Unable to conclude binding contracts without a Guardian

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11
Q

Bloom v American Swiss Watch Company 1915 AD.

A

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.

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12
Q

LAPSING OF OFFERS

A
Withdrawal
	The lapse of an unreasonable time
	Rejection or refusal
 Death
Counter-offer
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