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17 Cards in this Set

  • Front
  • Back

Contract

A contract is an agreement made between two or more persons that is recognised by the courts as legally binding and can be enforced.

Offerer

The person making the offer of a contract.

Offeree

The person accepting the offer of a contract

Offer

Inviting another to enter into a contract with terms.

Invitation to treat

An invitation to treat is not an offer it is an invitation for someone to make an offer.

Acceptance

The unconditional agreement to all the terms of the offer, usually in writing.

Consideration

Something given, done or suffered in return for a promise of a contract.

Void

A contract that is invalid

Misrepresentation

a false statement of fact made by one party to another to induce or entice that party to enter into a contract.

Certainty of Terms

Parties to a contract must be clear about the terms and conditions of the contract.

Capacity to contract

Ability to enter into a contract, If a person has a mental disorder, under the influence of drugs or alcohol then they will not be able to enter into a contract.

Duress

Violence, actual or threatened that induces a person to enter into a contract.

Express terms

The actual words in a contract and are legally binding.

Implied terms

Words that are not in the actual contract, but are assumed to exist.

Breach of contract

The terms of the contract have been breached.

Defences to Breach of contract

-There was no Valid contract.


-The Person did not have the capacity to enter into the contract


-The contract is illegal


-Consent was not freely given


-The conditions of the contract were not fulfilled

What kinds of contracts can be enforced against minors?

Employment, Service, Apprenticeship, Training and Cadetships.