click below
click below
Normal Size Small Size show me how
Ch. 6 Contracts
Business Law- Overview and Formation of Contracts
Term | Definition |
---|---|
PrommissOR | Makes the promise |
PromissEE | Receives the promise |
Statute of Frauds | States that certain contracts must be in writing to be enforced EX. Contract for the sale of goods for $500 or more under UCC |
Bilateral Contract | Involves two promises and two performances |
Unilateral Contract | Involves one promise, followed by one performance, which then triggers a second performance |
Express Contract | Created when the parties have expressly agreed on the terms. |
Implied Contract | Agreement is reached by the parties actions. |
Quasi-Contract | One party suffers losses as a result of another party's unjust enrichment |
Elements of a Contract | 1. Offer and Acceptance 2. Consideration 3. Mutual Assent 4.Competent Parties 5. Legal Subject Matter |
Valid Contract | Has the necessary elements |
Void Contract | Agreements that have not been formed in conformance with the law from the outset of the agreement and cannot be enforced by either party. |
Unenforceable contract | One that meets the elements required by law but is subject to a legal matter |
Forbearance | Ask someone NOT to do something |
Advertisement | Not an offer, but invitation to make an offer |
After the Offer... | Revoke Rejection Counteroffer Acceptance Operation of Law |
Mailbox Rule | Offer effective upon receipt Acceptance effective upon dispatch |
Mistake | A belief that is not in accordance with the facts |
Consideration | What is given in exchange for something else. Involves: 1. Legal detriment to the promissee or benefit to the promisor 2. Bargained for exchange |
Social Promise | Doesn't have elements of contract, cannot take to court. EX. Aunt give you car when you graduate college |
Competent Parties | Voidable contracts: Minors, mentally incompetent, exception: drunk/drugged not intentionally but by another Void Contracts: Declared insane in court of law |
Misrepresentation | 1. False info 2. Did not know that it's false 3. Other party relies on info 4. Other party is damaged |
Fraudulent Misrepresentation | 1. False info 2. Knowledge that is false 3. Other party relies on info 4. Other party is damaged |
Sources of Law | 1. State common law- case law (less than $500) 2. State statutory law- UCC |