Doctrines and Elements

Question 1

Consideration

Answer 1

bargain for exchange shown by a promise for a promise or promise for performance

Question 2

Promise

Answer 2

manifestation of an intent to act or refrain from acting.

Question 3

Performance

Answer 3

act or forbearance

Question 4

Consideration need an ______

Answer 4

exchange

Question 5

Mutuality of obligations

Answer 5

For a contract to bind either party, both must have assumed some legal obligations

Question 6

Promissory Estoppel elements

Answer 6

A promise, foreseeable inducement of action or forbearance, reliance, injustice

Question 7

Expanded bargain theory:

Answer 7

The parties would have bargained for it, but they didn’t.

Question 8

Past consideration elements

Answer 8

Promise, benefit previously received, injustice

Question 9

Past consideration is usually _______

Answer 9

unenforceable

Question 10

Quasi contract elements

Answer 10

Benefit conferred, appreciation, acceptance and retention of benefit as to create unfairness

Question 11

Mutual Assent requires:

Answer 11

Offer and acceptance

Question 12

Contract requires

Answer 12

Consideration and mutual assent

Question 13

Mutual assent is an ______ and consideration is a ______: promise/offer

Answer 13

Offer/promise

Question 14

Objective Theory of Assent

Answer 14

If it looks like they intended to have a meeting of the minds, the court is going to uphold it.

Question 15

Definition of Offer:

Answer 15

Occurs when another person is justified in understanding that they can accept.

Question 16

An offer must be an expression of will or ______

Answer 16

intent

Question 17

What party wants to be the accepting partry?

Answer 17

The business. They want customers to offer.

Question 18

Acceptance defined:

Answer 18

Acceptance can be by the terms laid out by offeror in a manner invited or required by the offer.

Question 19

Accept by promise

Answer 19

K formation occurs at the time of the promise.

Question 20

Bilateral K:

Answer 20

As soon as performance begins, it means you accept the promise

Question 21

Unilateral K

Answer 21

K formation occurs when performance is complete

Question 22

Match cases to doctrine: Retirement cases, Life/death cases, Horse cases

Answer 22

Retirement: Prom Estoppel Life/death: Past Cons- Quasi: Horses

Question 23

Prom Case topics:

Answer 23

Retirement

Question 24

Quasi cases:

Answer 24

Horse

Question 25

Past Consd cases:

Answer 25

Life/death