Express contract parties manifested their agreements

Info icon This preview shows pages 1–2. Sign up to view the full content.

View Full Document Right Arrow Icon
Express contract : parties manifested their agreements orally or in written language or both Implied contract : one that is inferred from the parties’ conduct Valid contract : meets all requirements of being binding Void contract : has no legal effect Unenforceable contract : in between Executed contract : everything has been completed Quasi: implied law– obligation imposed by law to avoid injustice – not contracts but give rise to obligations 02/06/12 Exchange a car with money. Deal? No. Why isn’t there a deal? You don’t know how many cars he owns, so not sure of which one – no specificity There must be intent to enter an agreement, but also have to be thinking about the same car. Once the item is identified, it is okay Real estate: must specify exact location – contracts for this must be in writing Can only prove intent by surrounding facts Contracts don’t have to be in writing to be enforceable – but sometimes you may need it Caviat emptor : let the buyer beware Validity of Agreement: Mutual assent (void) Consideration (void) Capacity (voidable) Invalidating Conduct (voidable) Subject Matter Legal (unenforceable) Statute of Frauds Satisfied – valid contract Duress – forcible restraint or restriction Law Governing Contracts:
Image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Ch. 9 // Introduction to Contracts Sale of Goods? No: General contract law governs Yes: Specific provision of UCC applicable? Yes: UCC governs (don’t govern mortgages) No: General contract law governs Exchange of promises IS the contract – makes the agreement binding – obligated An agreement can be implied (ex: swiping into the caf in exchange for food – don’t need to talk, but mutual understanding) If a party wants to get out of the situation, it must prove that it was not aware of situation – give reasonable justification Exchange must be pretty valued – Fair market value – selling a Ferrari for $10 – not appropriately valued
Image of page 2
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern