Nature and Kinds of Contracts Flashcards
What do you call an agreement or promise that is enforceable at law?
A contract
Offer, acceptance, certainty, consideration, intentions to create legal relations, genuine consent, legal purpose, legal capacity are all essential legal rules for a?
Valid contract
Besides offer, acceptance, certainty, consideration and intentions to create legal relations what are other essential legal rules needed for a valid contract?
-genuine consent
-must be lawful or have legal purpose
-parties involved must have the legal capacity
What are the 3 classifications of contracts?
- According to enforceability
- According to their formation
- According to performance
Differentiate between a void contract and a voidable contract
A void contract is not enforceable by the law because it lacks essential elements from the beginning
While
A voidable contract is one that is valid but has a defect in that allows one party, at their option, to void or enforce the contract e.g in fraud
A valid, void and voidable contracts are all under which classification?
According to enforceability
Differentiate between express and implied contracts under the classification of according to formation
Express contract is created in writing or by word of mouth
While
Implied contract is made in account of an act or a conduct done by parties
difference between bilateral and unilateral contacts?
Bilateral- is one sided because only one party promises in exchange for the partyโs performance e.g reward for finding a lost pet.
While
Unilateral- both parties make promises to each other e.g sale of goods contract
Unilateral and bilateral agreements are under which classifications of a valid contract?
According to performance