Overview Flashcards
Factors for Reasonable Time
1) Nature of subject matter
2) Prior dealings of parties
3) Usage of trade
4) UCC provisions
Are oral and verbal contracts enforceable?
Oral and verbal contracts are just as enforceable and just as good, EXCEPT some contracts need to be in writing when the law mandates writing
When is notice of performance required?
Under unilateral contracts - NOTICE OF PERFORMANCE REQUIRED (for commercial acts)
What does the law require of consideration?
The law requires there to be an exchange of value between the contracting parties
What is legal subject matter?
No crimes or torts
How is a unilateral contract accepted?
The other party ACCEPTS promise by
**performing **requested act conduct
Bilateral Contract
an exchange of promises by the parties
Unilateral Contract
Only one party makes a promise
Promise for specific conduct
Implied Contract
Inferred by party’s conduct
Requirements for a valid contract
- Mutual Assent (Offer and Acceptance)
- Capacity to Contract
- Consideration
- Legal Subject Matter
- No defenses to contract formation
- Sometimes in writing