VA Contracts Flashcards
Requirements for a valid contract
Offer, Acceptance, Consideration, Legality, Capacity
Definition of Consideration
A bargained-for exchange that induces a detriment to the promisee or a benefit to the promisor
Statute of Frauds in Virginia
Certain contracts must be in writing to be enforceable, including contracts for the sale of goods over $500, contracts that cannot be performed within one year, and contracts for the sale of real property
Parol Evidence Rule
Prohibits the introduction of evidence of prior or contemporaneous agreements that contradict a written contract, unless exceptions apply
Elements of a Breach of Contract Claim
Existence of a valid contract, Plaintiff’s performance or excuse for non-performance, Defendant’s breach, Damages resulting from the breach
Remedies for Breach of Contract
Legal remedies (damages), Equitable remedies (specific performance, injunction), Restitution
Anticipatory Repudiation
When one party unequivocally indicates that they will not perform their contractual obligations before performance is due
Unconscionability
A defense that allows a court to refuse to enforce a contract that is so unfair or one-sided that it shocks the conscience
Promissory Estoppel
A promise is enforceable without consideration if the promisor should reasonably expect to induce action or forbearance, and such action or forbearance is actually induced
Doctrine of Impracticability
Performance is excused when it becomes excessively burdensome due to an unforeseen event, and the non-occurrence of the event was a basic assumption of the contract
Mirror Image Rule
Acceptance must exactly match the terms of the offer; any deviation constitutes a counteroffer
Mailbox Rule
Acceptance is effective upon dispatch if properly mailed, even if never received by the offeror
Option Contract
A separate contract in which the offeror agrees to keep the offer open for a specified period in exchange for consideration
Quasi-Contract
An obligation imposed by law to prevent unjust enrichment, even in the absence of a contract
Unilateral Contract
A contract in which one party makes a promise in exchange for the other party’s performance
Bilateral Contract
A contract in which both parties exchange promises to perform
Unilateral Mistake
One party is mistaken about a basic assumption; the contract is voidable if the mistake is material and the other party knew or should have known of the mistake
Mutual Mistake
Both parties are mistaken about a basic assumption on which the contract is based; the contract is voidable by the adversely affected party
Duress
A contract is voidable if one party is forced to enter into it through wrongful threats or coercion
Undue Influence
A contract is voidable if one party exerts excessive pressure on the other, taking advantage of a position of power or trust
Consideration: Adequacy
Courts generally do not inquire into the adequacy of consideration, as long as it is legally sufficient
Fraud in the Factum
A contract is void if one party is deceived as to the nature of the document being signed
Fraud in the Inducement
A contract is voidable if one party is misled into entering the contract by false representations
Past Consideration
Generally not valid consideration; a promise based on past acts is unenforceable