The Six Elements
Why We Need Contracts
Classes of Contracts
Third Parties & Minors
E-Contracts
100

What are the six essential elements of a contract?

Offer, acceptance, awareness, capacity, consideration, legality

100

 Name one reason handshake deals have declined.

Business is now global/digital; strangers can't rely on reputation alone

100

 What's the difference between executory and executed?

Executory = not fully performed yet; executed = fully completed by both sides

100

 What's the difference between an assignee and a delegate?

Assignee receives a transferred benefit/right; delegate receives a transferred duty/obligation

100

What's the difference between click-wrap and browse-wrap agreements?

Click-wrap requires an active click to agree; browse-wrap just assumes agreement from using the site

200

What's the difference between an offer and an invitation to negotiate?

An offer is definite/specific enough to be accepted as-is; an invitation to negotiate — like a menu or ad — just invites offers

200

 What's the "protective power" of a contract?

It creates written proof of the deal and defines consequences if broken

200

What's a quasi-contract?

Not a true contract — a court-enforced remedy to prevent unjust enrichment

200

Can a minor legally enter into a contract?

Yes — but they generally have the right to disaffirm it

200

What does PKI (Public Key Infrastructure) do?

Uses digital certificates/encryption keys to verify identity and secure e-signatures

300

A contract to sell stolen property has clear offer, acceptance, and payment. Why is it still void?

Fails legality

300

 What's the role of courts when it comes to contracts?

Interpret disputed terms, enforce valid contracts, void invalid ones

300

 Give an example of a unilateral contract.

A reward offer — "$100 if you find my dog" — binding only once someone performs the act

300

What's the "necessity exception" for minors?

Minors usually can't disaffirm contracts for necessities like food, shelter, or emergency medical care

300

What's a digital fingerprint, and why does it matter for e-contracts?

A unique hash of a document's content — proves whether it was altered after signing

400

What's the difference between mutual mistake and unilateral mistake, and which one usually voids a contract?

Mutual = both sides wrong about the same key fact, voids the contract; unilateral = only one side is wrong, usually still binding

400

Why is doing business without a valid contract risky even if both sides trust each other?

No proof if a dispute arises; weaker legal position; costly to resolve

400

 Is a contract that's both "express" and "implied" possible? Why or why not

No — express means stated in words/writing; implied means formed through conduct. A contract is one or the other, not both

400

 What happens differently for an emancipated minor?

They may be fully bound by contracts, without the right to disaffirm, since they've been granted adult legal status

400

Why do companies use tracking schemes on their websites in relation to contracts?

To create a timestamped record of when/how a user agreed to terms, useful if the agreement is disputed later

500

Why can't a promise to do something you're already legally required to do count as consideration?

No new value is being exchanged — you're not giving up anything you didn't already owe

500

 Explain how contracts help a free-market economy function.

They create predictability/confidence, letting strangers trade, invest, and do business at scale

500

A repair company fixes the wrong house's AC by mistake. The homeowner lets them finish without saying anything. What kind of contract situation is this, and why?

Quasi-contract — no true agreement was formed, but courts may still require payment to prevent unjust enrichment

500

A minor buys a laptop on a payment plan, uses it for two months, then tries to cancel and get a full refund. What's the likely outcome and why?

She can likely disaffirm since it's not a necessity — but courts may require her to return the item or account for its used value depending on the state

500

Between click-wrap and browse-wrap, which one would hold up better in court if a company needed to prove a user agreed to their terms, and why?

Click-wrap — it shows clear, active agreement, whereas browse-wrap is easier to argue the user never actually saw or agreed to