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CONTRACTS

CONTRACTS. Chapter 9 Introduction to Contracts. CONTRACTS. A AGREEMENT between two or more persons the PERFORMANCE of which the law considers to be an OBLIGATION and for the breach of which the law will impose a REMEDY. Reflects social values. Two Bodies of Contract Law.

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CONTRACTS

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  1. CONTRACTS Chapter 9 Introduction to Contracts

  2. CONTRACTS • A AGREEMENT between two or more persons the PERFORMANCE of which the law considers to be an OBLIGATION and for the breach of which the law will impose a REMEDY. • Reflects social values

  3. Two Bodies of Contract Law Uniform Commercial Code Sale of goods (tangible personal property) Common Law Contracts not covered by the UCC ( Services, real estate, employment, insurance, etc.)

  4. Basic Elements of a Contract • Offer • Acceptance • Consideration • Capacity • Legality

  5. TYPES OF CONTRACTS Bilateral: Promise for a promise Unilateral: Promise for an action Express: Terms are explicitly stated in words. (Oral or written) Implied: Terms indicated by conduct of the parties.

  6. Types of Contracts • Valid: Contains all of the necessary elements of a contract. • Void: Missing one or more of the necessary elements for a valid contract. • Voidable: Valid contract which may be avoided by one or both parties by an action of rescission

  7. Types of Contracts • Executed: Fully performed by both parties. • Executory: Not fully performed.

  8. Quasi Contract Implied in law contract. • Benefit conveyed • Receiver of benefit is aware of benefit • Unjust to allow benefit to be retained without payment.

  9. Promissory Estoppel A promise which the promisor should reasonably expect to induce action or forbearance on the part of a third person and which does induce such action or forbearance is binding if injustice can be avoided only be enforcement of the promise

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