Part
Consideration Capacity Writing Legality Other contract materials
Both sides gain something Fair but not necessarily equal Give, trade and legal value must be proven
To take back consideration MUST occur before ratification to be effective
A promise NOT to do something you have a legal right to do Ex) Rather than to pay back a loan, you ask for an extension of time to NOT pay
A grossly unfair contract for one side Being taken advantage of
An “INTENTIONAL” misrepresentation of an existing fact Misleading someone on purpose
Very important detail to one side of a contract
A change in the parties legal position as a result of the contract Ex) You gain $20, I get my law mowed
Promising a gift and making it an enforceable contract in court Must show a legal detriment in order to win a case involving a promise
Agreeing that a debt exists and to its amount Ex) Getting a “correct” bill in the mail
A contract overseen by UCC Law (Retailers) in which a promise stays open for at least 3 months When a store gives a customer a rain check
Using an improper threat to obtain an agreement
Overseen by Common Law Usually collateral is involved (Something of value used to keep the offer open) Ex) Giving a person $40 so you can have a week to decide if you want to buy their car
Ability to understand a contract and its terms Protected groups include minors, intoxicated and mentally impaired Intoxication is never an absolute defense Only protects groups against luxury goods purchases (Non-necessaries) even if a minor lies about their age
Age of minority is the shortest timeframe of a persons life (Birth to 18) Age of Majority is the longest time of a persons life (18- end of your life) Anyone within the age of minority is a minor
Banking contracts Major Commitments (Military, student loans) Insurance contracts Sale of reality Apartment contracts in some states
When contracts “Must” be in writing to be considered valid $500+ Takes more than 1 year to complete Promise to pay the debt of another Marriage with consideration Sale of real property
Exam Wednesday/Thursday #2 pencil Book turn in THANK YOU for being a wonderful class… Its been a great year and I wish you nothing but the best!