Legal Aspects Of a Business Flashcards
What is a contract?
A contract is a legal binding agreement between two or more persons that is enforceable by law
What is a simple form
A simple form requires no special forms and may be written or oral
What is a speciality contract?
A speciality contract that is also called a deed or a contract under seal
What should a speciality contract must have
Seal
Signature of party
Deliver to all parties involved
Characteristics of simple contract
Offer and acceptance,an offer has to be made and there must be a clear unconditional acceptance
Parties of a contract
Offeror
Offeree
Explain offeror
The person who makes the offer
Explain offeree
The person who accepts the offer
What is form of consideration
Is the exchange of one thing of value for another
Under consideration contract they are two types of agreement,what are they
Bilateral agreement and unilateral agreement
Explain bilateral
Where both parties exchange promise with each other
Explain unilateral
One party make a promise in exchange for performance
Persons who cannot sign a contract
Person of unsound mind
Person under the influence
Alien
Minors
What is good faith in the contract
There should be no fraud
What is genuiness in a contract
The party must agree to the contract on their own free will
What is possibility in a contract
The party must be able to deliver on the agree up on contract
Characteristics of a speciality contract
Signing
Sealing
Rules of offer and acceptance
The offer must be communicated by the other party
The offer must be general and must be accepted by the specific person that you offer
The offer can be Revoked at any time before acceptance
Several ways that a contract is terminated or discharged
1.mutual agreement
2.breach of contract
3.performance
4.impossibility
5.death
6.bankruptcy
7.lapse of time
Mutual agreement
This is when both parties agreed to cancel the agreement before it is performed 
Reach of contract 
One party side of the contract
Performance
When a contract is not fulfilled and completed
Impossibility
This is where one or both parties find it humanly impossible to comply with the contract
Death
This is where one of the party involved in the contract dies
Bankruptcy
When one party loses all their money and assets and to uphold the contract