2.01 Understanding Contract Law I’m lawyer Steve. Lets look at Legality issues in contracts!

Slides:



Advertisements
Similar presentations
Ch. 10 Illegal Agreements Statute of Frauds. Ch. 10 – Illegal Agreements gambling is generally illegal –lottery is legalized gambling –river boats have.
Advertisements

Chapter 12 Void and Voidable Agreements. What makes an agreement void or voidable? b because it violates the law as stated in constitutions, statutes,
Legality of contract Chapter 11 Pages Do now question: what could make a contract illegal? Case study found on page 169.
1 CHAPTER CHAPTER 10 2 What You Will Learn: Why It Is Important:  How to explain the purpose of the Statute of Frauds  How to explain the legal.
Legal Purpose and Proper Form
E- CONTRACTING MIDTERM(2). Definition E- Contract- a contract that is entered into in cyberspace and is evidenced only by electronic impulses (such as.
Chapters  Agreement between 2 or more people 1. Offer & Acceptance: serious, definite & accepted without change. Can be oral. Acceptance makes.
ES 2.00 UNDERSTAND CONTRACT LAW
ES 2.00 UNDERSTAND CONTRACT LAW
TRADE SECRETS, UNFAIR COMPETITION, EMPLOYEE RAIDS AND EMPLOYEE COVENANTS Alan N. Greenspan Jackson Walker LLP.
ELEMENTS OF CONTRACT: CAPACITY and LEGALITY
Section 9.2.
Essentials Of Business Law Chapter 10 Legal Purpose Of Contracts McGraw-Hill/Irwin Copyright © 2007 The McGraw-Hill Companies, Inc. All rights reserved.
CHAPTER 9 LEGALITYLEGALITY. Nature and Consequences of Legality  Even if a contract has all the other elements that make up a valid contract, it may.
Sometimes government legislatures enact statutes that declare certain types of agreements unenforceable, void, or voidable Examples: –New law changes the.
Chapter 5 Elements of Contract.
Section 5.1 Capacity and Legality Section 5.1 Capacity and Legality Parties to a contract must have the capacity to enter into the contract.
LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible.
Will Lemond, Alex Anderl, Alex Fuery, Carter Brown.
CHAPTER 10 Legal Purpose and Proper Form
Chapter 5 Elements of a Contract
UNIT 4: Consumer and Housing Law Chapter 23 Contracts
CHAPTER 13 LEGALITY OF SUBJECT MATTER AND PROPER FORM OF CONTRACTS DAVIDSON, KNOWLES & FORSYTHE Business Law: Cases and Principles in the Legal Environment.
FAMILY LAW. CAVEAT EMPTOR-LET THE BUYER BEWARE FEDERAL TRADE COMMISSION-GOVERNMENT PRIMARY CONSUMER PROTECTION AGENCY CONTRACT: AGREEMENT BETWEEN 2+ PEOPLE.
Illegality “In a free society the state does not administer the affairs of men. It administers justice among men who conduct their own affairs.” Walter.
McGraw-Hill/Irwin Copyright © 2012 by The McGraw-Hill Companies, Inc. All rights reserved.
Law of Contracts - 2. Statute of Frauds Must all contracts be in writing?
The Statute of Frauds Section Understanding Business and Personal Law The Statute of Frauds Section 10.1 Form of a Contract Section 10.1 The Statute.
Business Law Chapter 10 Review:. Case for Legal Thinking page 187 Read case for Legal Thinking on page 187 and answer the questions below. – Would the.
Legal Purpose CHAPTER TEN. 10 | 2 Copyright © Houghton Mifflin Company. All rights reserved. The Effect of Illegal Agreements What happens when the goal.
Chapter 9 Unlawful Agreements and the Statute of Frauds.
Rights and Duties of the Funeral Director Sources of Duties 1)Laws and Regulations 2)Common Law 3)Funeral Contract.
CONTRACT LAW. Promissory agreement between two or more persons that creates, modifies, or destroys a legal relation. Legally enforceable promise to do.
 A contract is an agreement between two or more persons to exchange something of value  What does it do?  It legally binds parties to do what they.
Section 9.1.
Making a Contract Enforceable OBE 118, Section 3 Fall 2004 Was Consideration given? Was there Capacity to Contract? Legal Subject Matter? Was there Genuine.
$200 $300 $400 $500 $100 $200 $300 $400 $500 $100 $200 $300 $400 $500 $100 $200 $300 $400 $500 $100 $200 $300 $400 $500 $100 Genuine Assent Consideration.
Chapter 16: Legality and Public Policy
Contracts. Formation of a Contract Mutual Assent (offer and acceptance) Consideration Capacity Legality.
Business Law Combined Chapters 9, Chapter 9 What is Bait and Switch?  Using understocked, low-prices “come- on” to lure prospective buyers out.
© South-Western Educational Publishing GOALS LESSON 2.4 LEGALITY OF CONTRACTS  Identify contracts that are illegal  Know when a writing is required to.
Week 05 Contracts and Agreements. Illegal Contracts Contracts usually void because the act to be performed has been statutorily declared illegal are:
Chapter 10.
P A R T P A R T Contracts Introduction to Contracts The Agreement: Offer The Agreement: Acceptance Consideration Reality of Consent 3 McGraw-Hill/Irwin.
ELEMENTS OF CONTRACT: CAPACITY and LEGALITY
LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible.
Chapter 9 Legality. Conspiracy Individuals who agree to commit crimes for a promised consideration.
Bell Ringer What is legality? What makes something legal/illegal? What could make a contract illegal?
Law for Business, 15e by Ashcroft Chapter 10: Illegal Agreements Law for Business, 15e, by Ashcroft, © 2005 West Legal Studies in Business, a.
© 2011 South-Western | Cengage Learning GOALS LESSON 2.1 CONTRACT LAW BASICS Name the six essential elements of a legally enforceable contract Identify.
Illegal Agreements Chapter 10. Illegal Agreements Those that involve contracting for an illegal act generally are void and unenforceable Gambling – usually.
CHAPTER 17: ILLEGALITY AND PUBLIC POLICY. Learning Objectives: Status of Illegal Contracts Agreements in Violation of Statutes Agreements in Violation.
ES 2.00 UNDERSTAND CONTRACT LAW Obj Understand the elements and characteristics of a contract.
LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible.
Modern Real Estate Practice in Illinois Eighth Edition Chapter 11: Real Estate Contracts ©2014 Kaplan, Inc.
LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 11 Slide 1 Legality of Contracts Which Agreements Are Illegal? Enforceability.
Illegal Agreements Chapter When Courts will Enforce Most illegal contracts are void and unenforceable However, the law can allow for restitution…
Legal Purpose & Proper Form
LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 11Slide 1 Which Agreements are Illegal? Describe general features of contracts which.
Chapter 9 Legality.
Contracts Review Chapters 7-12.
Chapter 11 Legality of Contracts.
Capacity Legality Consideration Offer Acceptance Genuine Agreement
Legality and the Public Interest
Legality.
Legal Purpose and Proper Form
Section 5.1 Capacity and Legality. Section 5.1 Capacity and Legality.
Chapter 10 Legal Purpose and Proper Form
Chapter 12 Capacity and Legality
Presentation transcript:

2.01 Understanding Contract Law I’m lawyer Steve. Lets look at Legality issues in contracts!

 Civil & Criminal Agreements to commit a crime/tort are illegal  Usury State sets a max interest rate Interest – fee the borrower pays to the lender for using the money Usury - charging too high of an interest rate  Gambling Legal gambling varies from state to state  Licensing States require that persons in certain occupations obtain a license to practice that occupation ○ Doctors, plumbers, barbers, lawyers, funeral directors Let’s look at illegal contracts!

 Public policy Agreements that unreasonably restrain trade ○ Takes away the ability to do business with others Agreements not to compete ○ Restrictive covenant - agreement not to compete in a region for a period of time ○ Only legal for a short period of time and small geographic region Agreements for price fixing ○ Price Fixing - competitors agree on certain price ranges within which they will sell their products Time to look how illegal contracts deal with Public Policy

 Public policy (continued) Agreements to eliminate competitive bidding (or bid rigging) ○ Bid - offer to buy or sell goods or services at a stated price ○ Bid rigging – competitors agree that one bidder will have low bid for a certain job….low bidder sets bid higher than would if real competition Agreements to obstruct justice ○ Anything that delays or prevents justice Agreements to induce breach of duty or fraud ○ Influencing persons who hold positions of high trust for private gain Agreements to interfere with marriage ○ Damage, destroy, or discourage good family relationships Public Policy Continued

Statute of Frauds  Requires that certain contracts be in writing to be enforceable Contracts to buy and sell goods for a price of $500 or more Contracts to buy and sell real property Contracts that require more than one year to complete Promises to pay the debt of another Promises to give something of value in return for marriage