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Published byKelly Merritt Modified over 9 years ago
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Contracts
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Formation of a Contract Mutual Assent (offer and acceptance) Consideration Capacity Legality
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Offer –A promise or commitment to do or refrain from doing some specific thing in the future –Elements Intent Definiteness Communication
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Acceptance A voluntary act (either words or conduct) that shows assent or agreement to the terms of the offer.
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Consideration The value (such as money) given in return for a promise (such as the promise to sell an item upon receipt of payment). Elements Bargained-for Exchange Value –act –forbearance –creation of a relationship
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Capacity The legal ability to enter into a contractual relationship
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Genuineness of Assent Mistakes Fraud Undue Influence Duress Contracts of Adhesion
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Discharge of Contractual Duties Performance Occurrence or Failure of a Condition By Agreement By Operation of Law
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Remedies for Breach of Contract Legal –compensatory damages –incidental damages –consequential damages note: duty to mitigate Equitable –specific performance –recission –reformation
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