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56 Cards in this Set

  • Front
  • Back

Intention to create a legal contract

This means two parties make a promise.

Intention to create a legal contract

The parties must intend to accomplish the end result and keep their promises.

Presumption at law

The courts examine if there was such an intention from the point of view of a reasonable person

Assumption

By virtue of you entering into the contract, Onus is the party to prove otherwise

Assumption

Unenforceable because it is a non-arm's length transaction, contract between family members, because family members promise things all the time

Assumption

Advertising does not mean an offer. Advertising is only an invitation to do business

The offer

Must be communicated before acceptance can take place

The offer

You cannot accept an offer you do not know about

The offer

The person who made the offer must be identified

The offer

Only the person who was given an offer may accept the offer

The acceptance of the offer

Must be made after the offer

The acceptance of the offer

Must be communicated or conducted in the manner laid out in the offer

The acceptance of the offer

Can be words of acceptance, or action-say you deliver the goods or product.

Timing of acceptance


Spoken

At that time

Timing of acceptance


Written and mailed

At the time of mailing

Timing of acceptance


Electronic acceptance

At the time of sending because receipt is almost instant

Bilateral Contracts

No specific form of acceptance is stated in the offer, then the offer is only accepted when it is received by the offeror

Unilateral Contracts

Where acceptance is shown be he offeree completing some work or his part of his agreement

Lapse of the offer

Death of either party before accepting the offer

Lapse of the offer

Either party goes bankrupt

Lapse of the offer

The offeree rejects the offer; the same offer cannot be revived once off the table

Lapse of the offer

The offeree makes a counter offer

Lapse of the offer

Time of acceptance has passed

Lapse of the offer

After a reasonable time if there is not a deadline for acceptance

Revocation of the offer

The offer can be revoked by the offeror before acceptance

Revocation of the offer


Directly

The offeror withdraws the offer even if the offeror has stated he would keep the offer open for a specific period of time

Revocation of the offer


Indirectly

Third party

What is consideration?

It is a payment; it is something of value

What is the purpose of consideration?

To show that the promissory is serious about the contract

What is gratuitous promise?

when the promisor does not get something in return for the promise contract

What is quantum merit?

The court will decide on what the reasonable price is in the event where there is no consideration given, set, or agreed upon.

Who has the legal capacity to make a legal contract?

Those 18 or older (by statute) and over 21 (by common law)

Who can't make a legal contract?

Minors

Who can't make a legal contract?

Drunks

Who can't make a legal contract?

Bankrupt persons

3 criteria that the courts often consider when deciding if the contract is enforceable and binding

Issue of whether or not the item purchased is a necessity or non-necessity

3 criteria that the courts often consider when deciding if the contract is enforceable and binding

Issue is "what is in the best interest for those group above"

3 criteria that the courts often consider when deciding if the contract is enforceable and binding

Issue of what is in the best interest of the public

Is a contract with a minor for necessities enforceable?

Yes, unless there has been a fraud, misrepresentation, logic is contract for the betterment of the youth

Is a contract with a minor for non-necessities enforceable?

No. It can be repudiated by the minor unless there has been misrepresentation or fraud.

Is a contract with a minor enforceable where there is a contract with a minor for non-necessities, and the product is damage?

Yes if the product is damaged on purpose. No if the damage is normal wear and tear then the minor can get his money back

What happens to the contract when the minor turns 18?

For non-necessities minor must announce shortly after they turn 18 to repudiate or cancel the contract?

Are business contracts with minors enforceable?

No business is considered a non-necessity

Are contracts for service with minors enforceable?

Only if the service is considered for the betterment of the minor

When is the parent liable for a minor's bills?

Until the age of 16

When is the parent liable for a minor's bills?

For necessities they are liable

When is the parent liable for a minor's bills?

For things the minor has bought with parents credit card and that are for the parent

When is the parent liable for a minor's bills?

Things the minor has bought with parents credit card and its for them

Contracts with Drunks


Are contracts for necessities enforceable?

Yes provided price is reasonable

Contracts with Drunks


Are contracts for non-necessities enforceable?

No, they can have time to reject or ratify the new agreement after they recover, if they can prove they were drunk and if they can prove the other person knew they were drunk

Contracts with bankrupt individuals


Are contracts for necessities enforceable?

yes

Contracts with bankrupt individuals


Are contracts for non-necessities enforceable?

Only if the bankrupt person informed them they were bankrupt and if the purchase was over $500

Contracts of illegal purpose

Contracts to harm others or get others to do immoral activities

Contracts regarding embezzlement of funds

You cannot promise to not report the other person for criminal activity if they promise to return all the money.

Illegal activity

You cannot collect a wager through court

Unlicensed professionals

Trades or doctors practicing without a licence contract are null and void. The plaintiff can collect for damages