Week 1 Flashcards
What is a contract
A legally enforceable decision
Contractual Elements are…
Agreement and Offer, Consideration, Intention, Certainty
Some contracts have to be formally written, which is imposed by statute, and can include areas such as……
residential tenancies, sale of land, sale of motor vehicles, consumer credit. This is due the product having more value than commercial contracts.
Moral Explanations for keeping promises ( contract wise)
Ethical Imperatives
Recognition of consent
Parties act in Reliance
Practical Reasons for keeping promises ( contract wise)
economic efficient exchanges
secure supply
ensure clarity
manage risk ( including exemption clauses)
Equity
Subset of Common Law
Invalid Contract
Nothing to enforce
Void ab initio (void from the beginning)
No agreement, or missing a key factor
Unenforceable Contract
Circumstances may have changed, eg covid
Contract can be valid, but still unenforceable due to vitiating factor.