click below
click below
Normal Size Small Size show me how
topic 4
law of contract
Term | Definition |
---|---|
CONTRACT | A contract is a legally binding agreement between 2 or more people that is enforceable by law |
ELEMENTS OF A CONTRACT | agreement, intention, consideration, capacity, consent, Legality of Form and Legality Of Purpose are the elements of a contract |
AGREEMENT | A party agrees to all the terms of the offer |
INVITATION TO TREAT | Allows a customer to make an offer which can be accepted or rejected |
INTENTION TO CONTRACT | The parties to the contract must have intended to create a legally binding contract |
CONSIDERATION | What each party offers the other as evidence of the agreement |
CAPACITY | Those agreeing to the contract must have the legal right to do so |
CONSENT | Each party must give a genuine agreement of their own free will to enter into the contract |
LEGALITY OF FORM | The manner in which the contract is drawn up |
LEGALITY OF PURPOSE | A contract must be for a legal purpose |
TERMINATING A CONTRACT | a contract can be terminated or ended in any one of the four ways |
PERFORMANCE | the parties involved carry out their side of the contact |
AGREEMENT | the parties involved agree to end the contract |
FRUSTRATION | some unforeseen event happens which makes it impossible to carry out the contract |
BREACH | one party to the contract breaks an essential condition of the contract |
REMEDIES FOR BREACH | Rescind the contract, Damages and specific performance |