Notes Flashcards
valid
one that has met all essentials of a contract
void
no contract at all; should be void obligation
voidable
a contract but one or more parties to contract can avoid their obligations (don’t have to)
unenforceable
is a contract, but due to a technical reason the court can’t enforce it
statute of limitations
outer limit that you can file a lawsuit
executed vs executory
executed - contract that has been fully completed
executory - one or more promises haven’t been completed
elements of an offer
communication and intent
mistakes
unilateral vs mutual
unilateral - one party is making mistake, they are locked into contract, damages would be paid
if palpable unilateral mistake - obvious mistake, you won’t be held to it
release under common law
release had to be signed, but some consideration must be received
UCC just has to have signed release