Making Substantial and Enforceable Contracts.


156 views
Uploaded on:
Description
Making Legitimate and Enforceable Contracts What is an "agreement"? Where does contract law originate from? A guarantee that the law will authorize. Basic Law Uniform Business Code
Transcripts
Slide 1

Making Valid and Enforceable Contracts

Slide 2

Contracts What is a “contract”? Where does contract law originate from? A guarantee that the law will authorize. Basic Law Uniform Commercial Code UCC Article 2 represents the offer of products. “Goods” means anything moveable, with the exception of cash, securities, and certain lawful rights. In a blended contract, Article 2 represents just if the main role was the offer of products.

Slide 3

to make business matters more unsurprising. The Purpose of a Contract: Essential Elements of a Valid Contract Agreement offer, and acknowledgment Consideration There must be dealing that prompts a trade between the gatherings. Lawfulness The agreement must be for a legitimate reason. Limit The gatherings must be grown-ups of sound mind.

Slide 4

Bilateral Unilateral Express Implied Executory Executed Valid Unenforceable Voidable Void More Terminology: Types of Contracts (or Agreements) versus versus Reciprocal and Unilateral Contracts Bilateral : both sides make a guarantee. One-sided : one gathering makes a guarantee that the other party can acknowledge just by doing something versus versus versus versus

Slide 5

Types of Contracts (cont’d) Express and Implied Contracts Express : the two gatherings unequivocally express terrifically essential terms of their understanding. Inferred : the words and behavior show that the gatherings expected an understanding. Executory and Executed Contracts Executory : when one or more gatherings has not satisfied its commitments. Executed : when all gatherings have satisfied their commitments.

Slide 6

Types of Contracts (cont’d) Valid, Unenforceable, Voidable, and Void Agreements Valid : fulfills the law’s prerequisites. Unenforceable : when the gatherings expect to shape a legitimate deal yet some tenet of law averts authorization. Voidable : when the law licenses one gathering to end the assention. Void : one that neither one of the partys can authorize, as a rule in light of the fact that the object is illicit or one of the gatherings had no legitimate power.

Slide 7

Terminology: Quasi-contract Even when there is no agreement, a court may utilize semi contract to repay an offended party who can demonstrate that: He gave some advantage to the litigant. He sensibly anticipated that would be paid for the advantage and the respondent knew this; and The litigant would be shamefully enhanced in the event that she didn\'t pay. The harms honored are called quantum meruit , implying that the offended party gets “as much as he deserved.”

Slide 8

Essential Elements of Valid Contracts: Mutual Agreement = Meeting of the Minds The gatherings can shape an agreement just on the off chance that they had a minds\' meeting. They must see one another and mean to achieve an assention. A judge will make a target appraisal of any differences about whether an agreement was made - regardless of whether a sensible individual would reason that there was an assention, taking into account the parties’ conduct.

Slide 9

Deciding if a Contract has been Formed: Negotiation Terms JOE BOB Offer Accept, or Reject, or Accept, or Counteroffer Reject, or Counteroffer

Slide 10

Deciding if a Contract has been Formed: Is there an Offer ? An offer is a demonstration or proclamation that proposes distinct terms and licenses the other party to make an agreement by tolerating those terms. Issues with Intent Invitation to deal is not an offer. Value quote is for the most part not an offer. A commercial is for the most part not an offer. Setting a thing available to be purchased is not an offer, it is only a solicitation for an offer. Issues with Definiteness The offer\'s term must be clear.

Slide 11

Offers: Definite Terms 1. I’ll give a blueberry biscuit and some espresso to the first individual who appears next class in class wearing a top cap. 2. Would you think about wearing as a top cap in the event that I gave you a blueberry biscuit and some espresso? 3. I couldn’t acknowledge not exactly $4000 for my auto. 4. General basic law lead: exceptionally critical/crucial terms (value, amount, and so forth.) must be indicated. Special cases: UCC circumstances, and where industry practice recommends how the missing terms will be filled in. E.g., fish eatery sample.

Slide 12

Termination of Offers Termination by Revocation Effective when the offeree gets it. Firm Offers and Revocability Common Law Rule Revocation of a firm offer is powerful if the offeree gets it before he acknowledges. Alternative Contract The offeror may not renounce an offer amid the choice period. Offer of Goods/UCC A written work marked by a trader, offering to hold an offer open, may not be denied.

Slide 13

Acceptance The offeree must say or do something to acknowledge. In a two-sided contract, the offeree by and large must acknowledge by making a guarantee. In an one-sided contract, the offeree must acknowledge by performing. In the event that the offer is uncertain, the offeree may acknowledge by either a guarantee or execution. Mirror Image Rule (Common Law) Requires that acknowledgment be on accurately the same terms as the offer.

Slide 14

Mirror Image Rule Stan offers Eric $100 for Eric’s fresh out of the plastic new hustling bike. Eric answers, “I’ll take $100 in addition to your old, broken bike.” (Worth $10). Stan reacts, “Let’s meet back here in 20 minutes.” In 20 minutes Stan comes back with $100 and an alternate utilized bike (worth $30). Eric declines to make the exchange. DID STAN AND ERIC HAVE A DEAL?

Slide 15

Exception to the Mirror Image Rule: UCC and the “Battle of Forms” In offer of merchandise, offeree may incorporate in the acknowledgment terms that are extra to or unique in relation to those in the offer. Extra terms are those that raise new issues. On the off chance that both sides are traders, the extra terms will by and large turn out to be an agreement\'s piece. Diverse terms are those that repudiate terms in the offer. The lion\'s share of states hold that distinctive (conflicting) terms offset one another - Court utilizes UCC and its judgment to fill holes

Slide 16

Communication of Acceptance Medium and Manner of Acceptance If an offer requests acknowledgment in a specific medium or way, the offeree must take after those prerequisites. On the off chance that the offer does not indicate a sort of acknowledgment, the offeree may acknowledge in any sensible way and medium. Time of Acceptance: The Mailbox Rule An accceptance is by and large powerful upon dispatch, significance the minute it is out of the offeree’s control.

Slide 17

Essential Elements of a Valid Contract: Consideration Def’n: “Consideration implies that there must be haggling that prompts a trade between the parties.” Consideration can be anything that somebody may need to can anticipate. It is the actuation to make the arrangement, or the thing that is expected . Thought must be available to make any guarantee enforceable, however courts don\'t by and large ask into sufficiency of thought.

Slide 18

What is the thought supporting every guarantee? 1. Stan consents to pay Eric $100 for Stan’s bike; trade to occur next Tuesday. Teacher guarantees to give some espresso and a blueberry biscuit to the first individual to come into class in a top cap. I consent to pay you $500 for your record gathering. 4. I guarantee to pay my child $100 on the off chance that he doesn\'t watch MTV for one year.

Slide 19

“Bargaining is committing yourself keeping in mind the end goal to instigate the other side to agree.” The thing anticipated can be: another guarantee or activity. an advantage to the promisor or a hindrance to the promisee. a guarantee to do something or a guarantee to cease from doing something. Hamer v. Sidway Must be more than a “Illusory Promise” If one party’s guarantee is restrictive, the other party is not bound to the assention.

Slide 20

REAL CASE Mr. C offers to offer his property to Mr. B, who is occupied with the land’s mineral rights. They consent to a deal contract under which Mr. B will set up a $5000 “earnest money” check to be stored in a bank for 60 days while Mr. B performs building and different studies on the property. In the event that the studies demonstrate the mineral rights aren’t important, Mr. B may choose not to purchase the area, the sincere cash will be come back to Mr. B. Mr. B chooses he needs to purchase, yet Mr. C declines to offer. CAN MR. B FORCE MR. C TO SELL?

Slide 21

Past thought CASE : Promise to pay consequently for past favors. Old man says, “Since you have been so decent to me these previous seven years, I will accommodate you in my will.” Then he kicks the bucket without leaving cash to offended party. Is this thought? Is it accurate to say that it was anticipated?

Slide 22

What is the courts’ state of mind toward assessing the sufficiency of thought? Courts sometimes ask into the sufficiency of thought . Eric consented to pay $5 for Stan’s $100 bike, and Stan concurred. Stan later alters his opinion and contends that his guarantee to convey the bicycle is not enforceable in light of the fact that the $5 is deficient thought.

Slide 23

Exceptions to the Requirement of Consideration: Promissory Estoppel Goff-Hamel case: Did the offended party and the litigant have an enforceable contract? Were all the vital components of an agreement present? What precisely made the defendant’s guarantee to pay enforceable for this situation?

Slide 24

Exceptions to the Requirement of Consideration: Promissory Estoppel Promise intended to prompt activity, On which the promisee sensibly depends To his/her impediment Is enforceable without thought NOTE: All 3 of these elements must be available for the promissory estoppel tenet to apply

Slide 25

Promissory Estoppel (cont’d) Supervisor was satisfied with employee’s work In March, Supervisor guaranteed worker that she would get 5% of the organization stock as a Christmas reward Employee turns down a few higher paying occupation offers in the middle of March and December Supervi

Recommended
View more...