Module 26: Contracts
CONTRACTS
Formation of Contracts
Elements
In order to form a valid contract, there are three required elements
- Offer
- Acceptance
- Consideration
With all three elements, a contract is as sturdy as an oac (okay, so it should be oak) tree.
Offer
Expresses intent to enter into contract
To be effective, the offer must be definite as to terms and received by the offeree
To be definite, an offer generally includes
- Price
- Subject matter
- Time for performance
- Terms considered definite if reasonable person could determine them
An offer may be revoked at any time until accepted
- A promise to hold an offer open for a specified time is not binding unless supported by consideration
- A revocation is effective when received by the offeree
Acceptance
Acceptance is generally effective when dispatched (mailbox rule)
Not effective until received when
- Offer so specifies
- Accepted by unauthorized means
- Sent by means not equal to or better than that used to communicate offer
Acceptance must be the same terms as offer (mirror image rule)
- A modification represents a counteroffer
- Initial offer is rejected and offeree makes a new offer
Rejection
Rejection of an offer is effective when received by the offeror
- Terminates original offer
- If rejection is followed by acceptance, whichever is received first is effective
Consideration
Given in exchange for promise to form contract
Must be legally sufficient
- Bargained for: One promise induces the other promise
- Legal value: Party agrees ...
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