CLASS _5 CONTRACTS

CLASS _5 CONTRACTS - TOVAR CASE SIXTH AMENDMENT In 1996,...

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Unformatted text preview: TOVAR CASE SIXTH AMENDMENT In 1996, Felipe Tovar, a twentyoneyearold college student, was arrested for DUI. Tovar was informed of his right to apply for courtappointed counsel and waived it. At his arraignment, he pleaded guilty. In 1998, Tovar was convicted of DUI again. In 2000, he was charged with DUI again. TOVAR CLAIMS VIOLATION OF SIXTH AMENDMENT Tovar asked the court not to use his first conviction to enhance the third charge. He argued that his 1996 waiver of counsel was not "intelligent" because the court did not make him aware of "the dangers and disadvantages of self representation." UNITED STATES SUPREME COURT DECISION "Intelligence" of any decision depends on a person's education and sophistication, as well as the complexity of the issue to be decided. Decision against Tovar: informed of charges, right to counsel, and range of punishments if pleaded guilty. CONTRACTS An agreement that can be enforced in court Formed by two or more parties Written, Verbal or Implied Elements Agreement Offer and Acceptance Consideration something of value Capacity competence Not against public policy/statute Legal purpose CONSIDERATION Consideration Something of legally sufficient value and bargained for. Forbearance refraining from an action that one has a legal right to undertake INVALID CONSIDERATION Past consideration An act done before the contract is made, cannot be consideration for a later promise Illusory promises not enforceable bonuses, discretion of management Gifts Majority Age Age of majority is 18 for contracts (unless law is otherwise) purchase of alcohol considered legally capable of conducting himself or herself responsibly can no longer disaffirm a contract Usury charging an illegal rate of interest Jury duty CONTRARY TO LAW AND POLICY Wage and hour laws Englishonly rules Right to strike and picket Collective Bargaining Consumer rights auto purchase, bank loans Discriminatory housing contracts Noncompete agreements Types of Contracts Express Contract terms of the agreement are stated in words, oral or written. Implied Contract formed from the conduct of the parties. Performance of Contract Executed contract A contract that has been completely performed by both parties. Executory contract A contract that has not as yet been fully performed. Quantum Meruit party benefits from another's labor and materials should not be "unjustly enriched" required to pay a reasonable amount for the benefits received even without a contract Rejection or Counter Offer REJECTION Words or conduct Offer is terminated COUNTER OFFER New offer Modified offer and no contract A new offer can be made Within time frame Acceptance or Termination of Offer Termination lapse of time, destruction, death, incompetence Acceptance timely and authorized means MEANS OF COMMUNICATION Mailbox rule acceptance of an offer becomes effective on dispatch (on being placed in a mailbox) Can be modified "upon receipt" Technology faxes and online offers and acceptances treated the same way REVOCATION Offer can be revoked before acceptance Unless "irrevocable" Exception: promissory estoppel clear and definite promise promisee relies (Detrimental Reliance) binding for reasons of fairness ...
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This note was uploaded on 04/17/2008 for the course ACCT 2701 taught by Professor L.phillips during the Winter '08 term at CSU East Bay.

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