Exam (elaborations)
BUL 4421 FINAL - FAU GENDLER
- Course
- Institution
BUL 4421 FINAL - FAU GENDLER
[Show more]
Content preview
BUL 4421FINAL - FAU
GENDLER
CHAPTER 13: Introduction to Contracts - Answers- CHAPTER 13: Introduction to
Contracts
Four Elements of a Contract: CLAC - Answers- 1. Contractual Capacity
2. Legal Object
3. Agreement (offer, acceptance)
4. Consideration
Contract - Answers- -A promise or set of legally enforceable promises for the breach of
which the law gives a remedy or the performance of which the law in some way
recognizes a duty.
Agreement - Answers- (Offer & Acceptance)
Offer by Oferror to enter into a contract and acceptance of terms by offeree.
Consideration - Answers- i. The bargained-for exchange or what each party gets in
exchange for his or her promise under the contract
(The something for something)
Contractual capacity - Answers- i. The legal ability to enter into a binding agreement
Legal Object - Answers- subject matter of the contract. Cannot be illegal or against
public policy in order to be enforceable
Objective Theory of Contracts is the - Answers- basis of contract law
,Objective Theory of Contracts bases existence on - Answers- Outward manifestations
of intent
Objective Theory of Contracts bases interpretation on - Answers- how a reasonable
person would interpret it.
________ of parties is not usually relevant under objective theory of contracts -
Answers- subjective intent
t or f: subjective intent may be relevant under certain circumstances - Answers- true
subjective intent may be relevant if - Answers- a mutual misunderstanding b/t parties
exists and they did not come to a true meetings of minds; no contract exists
if there appears a a mutual misunderstanding - Answers- look at each party separately,
interpret situation to determine whether parties really reached an agreement
in order to determine whether partied intended to enter into a contract, courts look at -
Answers- their objective words and behavior and do not try to figure out what they may
have secretly intending
classification of contract determines - Answers- when offeree is legally bound to
perform
Bilateral Contract = - Answers- A promise + a promise.
-I'll pay you $1000 for you to paint my car.
-(My promise = $1000)
-(Your promise = Paint my car)
-Mutual exchange
Under bilateral contract, contract formed - Answers- as soon as promise exchanged
Unilateral Contract - Answers- -a promise + a requested action
-Offerror wants something *done, not a promise* for something to be done.
-ex; find dog and ill pay reward
under unilateral contract, contract formed - Answers- once offerree begins
performance; offeror must give reasonable amt of time to finish before voiding contract
Express Contract - Answers- The terms of the contract are all clearly set forth in either
written or spoken words.
ex; written agreement by dentist to perform work
Implied Contract - Answers- Terms arise from conduct of the parties.
ex; dentist pulling tooth implies you will pay
, 3 conditions required for implied contracts (and recovery) - Answers- 1- benefits
conferred by plaintiff upon defendant
2- defendant has knowledge of benefit being bestowed on them, and
3- defendant retains benefit under circs which it would be unjust to do so without
payment
Void Contract - Answers- -Not a contract at all; unenforceable
-Either illegal or has some serious defect.
Voidable Contract - Answers- -One or both of the parties has the ability to either
withdraw from the contract or enforce it.
if choosing to terminate a voidable contract, both parties must - Answers- return
anything already exchanged under the agreement; restore to conditions before contract
contracts can be voided if - Answers- -entered into by a minor, fraud, or under duress
-court attempting to protect person believed to have been taken advantage of
Lack of Genuine Assent (Defense) - Answers- -All contract elements are there but one
party was forced into contract through duress, fraud, misrepresentation.
-Acts as defense
Contract Lacks Proper Form (Defense) - Answers- Writing must meet a certain criteria
must exist for a contract to be legally binding.
II. CHAPTER 14: Agreement - Answers- II. CHAPTER 14: Agreement
Elements of Offer (4): - Answers- 1. Intent to be bound by acceptance
2. Definite and certain terms
3. Communication to the offeree
4. Acceptance
Material Terms include (5):
(Considered Definite and Certain if all are there). - Answers- 1. Subject matter
2. Quality
3. Price
4. Quantity
5. Named parties
Termination of the offer can happen in 5 ways - Answers- -revocation
-rejection or counteroffer
-death of incapacity of the offeror
-destruction or subsequent illegality of subject matter
-lapse of time or failure of another condition specified in the offer
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller Greaterheights. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $12.49. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
75632 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now