(Q1) Contracts & Mutual Agreement pg. 8,9,10,11 Flashcards

Contracts pg.8 Classification of Contracts pg.9 Capacity to Contract pg.11

1
Q

Contract

A

Agreement between two or more people that is enforceable at law

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2
Q

Requirements for a Valid Contract

A
  1. Offer and Acceptance = Mutual agreement
    1. Competent Parties
    2. Consideration
    3. legality – must be legal subject matter and performed in a legal manner
    4. Formality in some instances – seal, witnesses, notary
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3
Q

Valid Contract

A

Completely enforceable by either party.

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4
Q

Void

A

Completely unenforceable

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5
Q

Voidable

A

valid but may be avoided by either or both parties

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6
Q

Expressed

A

all terms are stated either orally or written

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7
Q

Quasi Contract

A

Under certain circumstances the law will imply a contract exists

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8
Q

Formal Contract

A

Some states require a formality such as witnesses, a seal or notary

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9
Q

Simple Contract

A

a contract not requiring a formality

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10
Q

Executory Contract

A

all terms have not been completely performed

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11
Q

Executed Contract

A

all terms have been completely performed

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12
Q

Unilateral Contract

A

a promise given in exchange for an act to be performed

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13
Q

Bilateral Contract

A

a promise given in exchange for another’s promise

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14
Q

Minor

A
  • age at common law an adult was 21., but state statutes could be different
  • Most states – a minor is 17 and under for contractual purposes
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15
Q

Are contracts with a minor valid?

A

Yes, voidable (the minor’s option) except for necessities

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16
Q

Necessities

A

food, clothing, shelter, medical, insurance, items necessary for school or work

17
Q

Are contacts from incompetent people valid?

A
  • Adjudicated Incompetent people= void
  • Nonadjudicated Incompetent people= voidable like a minor until person is adjudicated
18
Q

Ratification

A

giving formal consent to a contract making it officially valid

19
Q

Affirmance

A

confirmation of something previously done Minor can only affirm or ratify when reaching adulthood and can only disaffirm as a minor (after affirming, you cant disaffirm)

20
Q

Disaffirmance

A

renouncing a contract previously accepted (only minors can do this)

21
Q

Quasi Contract

A

Under certain circumstances, the law will imply a contract exists

22
Q

Offer and Acceptance

A

offeror proposes terms to an offeree

23
Q

Requirements of a Valid Offer

A

definite, seriously intended, communicated to offeree

24
Q

Duration of the Offer

A

can be revoked by offeror any time before acceptance

25
Acceptance
assent to an offer indicating an agreement to accept it’s term
26
Option Contract
offeror accepts something of value to keep the offer open for a specified time
27
Termination of the Offer
- by acceptance - revocation - rejection and/or counteroffer (wager a different amount) - lapse of time as stated in the offer - subsequent illegality
28
Manner of Acceptance (of an offer)
depends on wording of offer or statute of frauds
29
Mailbox Rule
contract/agreement/paperwork must be postmarked by a certain time
30
Implied Contract
some or all terms are implied by actions or non-actions of the parties