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6 Cards in this Set

  • Front
  • Back

Contract

An agreement between twoparties that is enforceable ina court of law.




Agreement between the parties




Completed negotiations




Deliberately made




Voluntarily made




Between two or more competent persons




Supported by mutual consideration




Not necessarily in writing

Advantages of Contracts

Permit both parties to rely on the terms they have negotiated and plan their business affairs accordingly




Create binding promises that can be enforced in court




If a dispute arises between the two parties, there are various options for dispute resolution.

Communication

Start of the contractual relationship




Objective standard test – How a “reasonable person” would view the conduct of the parties

Equal bargaining power

The legal assumption thatparties to a contract are ableto look out for their owninterests.

Economic Breach

Sometimes it is more financially rewarding to breach the contract in question than to perform it.

The parties must consider the following before suing:





business relationships




economic realities




reputation management