The Core Learning Outcomes addressed this week are:
Demonstrate the ability to brief a case
Examine the legal requirements for contract formation.
Describe basic concepts of contracts.
Other Key Concepts:
illusory promises, preexisting duties, exceptions: promissory
estoppel, charitiable subscriptions
What is the difference between void and voidable contracts?
(see week 3),
fraud, conceilment, nondisclosure,
mistake, unilateral mistake,
duress, undue influence
capacity, disaffirmance, exculpatory clauses, emancipation, ratification,
for review of
who the law considers to have diminished capacity to contract
(minors, the mentally impaired, and the intoxicated) and when the law protects them.
Lecture: Chapter 14,
Capacity to Contract
Capacity--an ability to incur legal obligations and acquire legal rights.
Most adults have the capacity to contract
. However, most if not all states recognize that
minors and some protected groups of adults have not developed good judgment and are easily
taken advantage of.
The law protects these people from shysters by making the contract void or voidable
depending on the degree of incompetence to contract.
If at the time the contract took place, a