Contracts 1L

Front 1

What's a contract?

Back 1

It is an an exchange relationship created by agreement between two or more parties, containing at least one promise, and recognized as enforceable by law, for the breach of which the law gives remedy.

It is created by the communication of intent through outward manifestations (Test of manifested assent), which must be given the meaning reasonably understood by the party to whom they were communicated.

Hint 1

What's an agreement?
An exchange relationship composed of at least one promise made by at least two people

Front 2

What's an offer?

Back 2

The manifestation of willingness/intent to enter into a bargain, so made as to justify another person in understanding that his assent to that bargain is invited and will conclude it. There must be communication.

Hint 2

Objective test: 1. Would the outward manifestations lead a reasonable person to believe that an offer was made? 2. Was there a meeting of the minds? 3? Was there an apparent intention that he manifested an offer? Are subjective intentions reasnably apparent to other party?

To have power to accept, offerree must have knowledge of offer.

Front 3

What is an acceptance?

Back 3

The manifestation of assent to the terms of the offer.

The reasonable meaning of the offeree's manifestations is determined by the same process of interpretation as offer.

Hint 3

There must be communication of the assent to the offeror.
You must agree to the terms in the manner/medium by offeror within a time period called for in offer

Front 4

Offer: reasonable expectation created?

Back 4

1. Promise, undertaking, committment to enter into a contract?
2. Was there certainty or definiteness in essential terms?
3. Was there communication of the above to the offeree?

Hint 4

*

Front 5

Test of manifested assent

Back 5

1. An outward manifestation
Inward thought sor sujbetive intentions that are reasonably apparent to other party.