Exam 2 Flashcards
a promise or set of promises for the breach of which the law provides remedies
contract
three elements of a contract and what they are affected by
offer, acceptance, consideration affected by capacity and legality
manifest agreement orally or in writing
Express Contract
parties don’t write anything down is established by conduct
Implied Contract
one party makes a promise and the other party performs
Unilateral Contract
both parties make promise and the other performs
Bilateral Contract
uniform set of laws that is passed in identical form in every state except Louisiana - this stands if done in a reasonable period of time
Uniform Commercial Codes
side note Louisiana has Napoleonic code
if the object of the contract is illegal then the contract is VOID
legality of a contract
this is voidable if the 2 parties of the contract understand the nature and consequences of actions
capacity of a contract
if person is involved in contract do to this then their portion of the contract is voidable
defects in capacity
defect in capacity where if you are under they are under 18 years old this can be extend to the minor if within a reasonable amount of time - this is NON-VOIDABLE if the person is emancipated
Infancy
type of defect in capacity where the person doesn’t have the mental facilities to decide whether or not to enter the contract this could be due some kind of mental illness also becomes more complicated to to the person having good days and bad days
Incapacity
this defect in capacity only occurs when you don’t know what you are doing an example of this would being blackout drunk where you loose whole periods of time
Intoxication
part of a contract that needs to be made in clear unambiguous language contained in definite terms about material items should contain lots of specificity and be COMMUNICATED
Offer
manifestation of assent to the terms of the offer in the manner required of the offer
Acceptance
benefit of the bargain of exchange
- both parties have to get something of value
- promise to make a gift is not enforceable
- if pre-existing legal duty no consideration is made
consideration
Describe the Hooters Case
Hooters was having a contest to see who could sell the most beer and then they would get a Toyota this waitress wins the contest and then finds she gets a toy yoda and is pissed sues because there was no offer and wins the lawsuit and picks the Toyota she wants
Describe the Lucy v.s Zehmer case
in 1954 Lucy and Zehmer were out to dinner and Zehmer offered to sell Lucy the Ferguson Farm for $50,000 and they both accept except when Lucy comes with the check the next day Zehmer won’t sell the farm to Lucy and he sues and Zehmer has to sell the farm for 50,000
What is the 2 prong test
the first prong is the objective test where you see if all parts of a contract are there offer acceptance consideration the second prong is where you have a meeting of the minds and look at the contract from the prospective of the disadvantage
what are the 4 parts of a tort
duty, breach of duty, causation, Damages
What was Pittson’s duty to the people of Buffalo Creek
not to kill their residents
How did Pittson breach their duty
they killed their residents
What kinds of Damages were caused
Death Pain and suffering damages- funerals property damage environmental damages Physical injurys
What was the Causation for Pittson
did pittson cause the damages by a preponderance of evidence
