Essential parts of Valid Contract
9 important questions on Essential parts of Valid Contract
What are 4 elements of Contract Law
- Offer & Acceptance
- Consideration
- Intention to create legal relations
- Capacity
What are the 4 elements of a contract?
What are the defenses to the enforceability of a contract? (2)
b. Form- must be in whatever form the law requires
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Social or Family Members (intention create legal contract - Case Law
A husband worked overseas and agreed to send maintenance payments to his wife. At the time of the agreement the couple were happily married. The couple later separated and the husband stopped making the payments. The wife sought to enforce the agreement.
Held:
The agreement was a purely social and domestic agreement and therefore it was presumed that the parties did not intend to be legally bound.
Intention to Create Legal intentions - Case Law.
The Court held that the mutual arrangement, no matter how informal, constituted a legally-binding agreement to divide the shares in thirds.
Modern and Traditional View of Revocating Offers for Unilateral Contracts:
Modern- once performance has been substantially undertaken, the offer cannot be revoked
Executed Contract vs. Executory Contract
Executory- a contract that has not yet been fully performed
Plain Meaning Rule (contract interpretation)
When will a court consider a contract to be ambiguous? (4)
b. when it lacks a provision on a disputed issue
c. when a term is susceptible to more than one interpretation
d. when there is uncertainty about ta provision
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