Contracts: creation Flashcards
In contract creation, there is a unilateral vs bilateral. What does unilateral mean?
A promise for an action
-Not closed until performance is completed
-If you are barred from completing said performance, you might be entitled to compensation (courts may devise a Quasi contract to guard against unjust enrichment
In contract creation, there is a unilateral vs bilateral. What does bilateral mean?
A promise for a promise
-Contract is formed once promises are exchanged
What does an offer need?
- Objective manifestation
- Definite terms
- Communication of the offer
What is object manifestation?
What a reasonable person would think is an offer
What are the definite terms of an offer?
- Identify parties
- Describes the subject matter (UCC goes into further detail as to how things are described)
- UCC: governs goods
-State code
-The term uniform is an indicatory that this is a state level law, if it was federal it would be universal by it’s nature - Common law: real property, personal service contracts
- Consideration: money
Describe the communication of the offer
From the offeror to the offeree
-To a specific person or an invitation to a bid
-Exception is in the case of rewards (no specific person needs to be mentioned)