Contracts Flashcards

Front 1

DF offer

Back 1

An offer is the manifestation of a willingness to enter into a contract which justifies the offeree in believing that his acceptance will create a contract. Whether a statement constitutes an offer is determined objectivly (ie would a reasonable offeree have believed that the offeror intended to create a power of acceptance) rather than subjectively (ie did the offeror, in fact, intent to create the power of acceptance in the offeree)

Front 2

express K

Back 2

promise is communicated by language.

"x promises to paint y's car in return for Y's promise to pay X 100$"

Front 3

Implied K

Back 3

Parties' conduct indicates that they assented to be bound

1) "X fills her car with gas at Y's gas station. There is a contract for purchase and sale of the gas"

2) X watches Y paint X's house, knowitng that Y mistakenly thought they had an agreement for Y to be paid for it.

Front 4

Quasi K

Back 4

no a contract at all. One party is unjustly enriched at the expense of the other party so that the enriched party must pay restitution to the other party equal to the unjust enrichment.
"X contracts with Y to build a house for Y. X becomes ill adn is unable to continue after completing a third of the work. X cannot sue on the contract, but may recover the benefit conferred on Y to make ="

Front 5

Describe the requirement that an offer be sufficiently definite as to its material terms.

Back 5

at CL an offer must articulate the material terms of the bargain or else the offeree would have not idea what to accept.