Civil Legal Essay

6434 Words Feb 13th, 2013 26 Pages
Introduction
A contract is a promise that courts enforce: "a promise or set of promises for the breach of which the law gives a remedy, or the performance of which the law in someway recognizes as a duty" (2nd Restatement of Contracts §1).
• Common law: Applies to all contracts except those falling under the UCC.
• UCC (Uniform Commercial Code): Applies to all contracts for the sale or lease of goods. The UCC is applicable regardless of whether or not either or both parties are merchants. o More flexible than common law
By Formation
• Express: The terms of a contract are in written or spoken words.
• Implied: The terms of a contract are implied based on an action by the parties.
• Constructive: The law treats the parties as if they
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Concealed intentions do not form contracts. To determine whether intent has been manifested by either party, the following must be examined:
• Definite propositions
Example: "I will pay you $100 to paint my house" is more indicative of intent to form a contract than, "I would like my house painted."
• Method of communication
Example: A published advertisement is less likely to indicate intent to make a deal than a personal conversation.
• Actions consistent with the intent to enter into an agreement
Example: After Roger asks Fred to paint Roger’s house, Fred arrives at Roger’s house with paintbrushes.
• Previous dealings between the parties
Example: Every time Lori leaves crates of apples on Jenny’s loading dock, Jenny sells them in the grocery store.
• Custom or trade usage
Example: A grocery store customer who picks up a frozen pizza and takes it to the cashier expresses intent to enter into a deal because that is how grocery stores customarily work.
Certainty of Terms
An offer must be definite in its terms, particularly as to:
• Subject matter
• Price
• Time of performance
• Quantity
Not all terms need to be detailed completely—only well enough to make the agreement clear.
• Advertisements usually are considered invitations to deal, and not offers, because they lack definite terms, such as quantity.
Termination of Offers
Offers may be revoked in several ways:
1. Revocation: An offer is freely revocable, except when: o The offeree gives

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