click below
click below
Normal Size Small Size show me how
Contract
yup
Question | Answer |
---|---|
Offer | Offer: An offer is a promise by the person making the offer to be bound by the contract if the offer is accepted. Note that an "invitation to treat" (e.g., a notice in a shop window) is not an offer as it only invites the consumer to examine the goods. |
Acceptance | Every offer must contain an unqualified acceptance of the offer, which means accepting the offer as it stands. |
Consideration | This is what is exchanged between the parties to the contract (money, goods or a promise to pay). |
Real consent | The two parties must voluntarily agree to all the terms of the contract. There must be no duress or undue influence. |
Intention | The courts will assume that agreements between family and friends are not intended to be legally binding whereas business arrangements are assumed to be legally binding. |
Capacity | Not everyone has the ability to enter contracts, e.g., an incapacitated person, a legal infant or a company acting "ultra vires", i.e., acting beyond its objectives. |
Legality of form | Certain contracts to be legal must be drawn up in a particular manner, e.g., a hire purchase contract must be written. |
Legality of purpose | A contract must not be illegal |
Performance | When the parties to the contract fulfill their obligations as agreed. |
Agreement | When both sides agree to terminate even though the contract is incomplete. |
Frustration | When an unseen event (e.g., death) prevents the contract being completed. |
Breach | When a condition (an essential term of the contract) is broken the innocent party does not have to fulfill the contract and can sue for damages |