Definitions
An agreement under seal.
What is a formal contract?
The main source of contract law.
What is the common law?
The general rule for when acceptance is effective.
What is when it is communicated to the offeror?
Beneficial contracts of service are binding against minors if this can be demonstrated.
What is that it is for the benefit of the minor?
An agreement inferred from the conduct of the parties.
What is an implied contract?
What is freedom of contract?
When acceptance is effective under the postbox rule.
What is when and where it is dropped in the mailbox.
The burden of showing mental incompetence is on this person.
What is the party claiming to be incapacitated?
An agreement that is not legally binding because an essential element is missing.
What is a void contract?
A contract formed when one party performs what has been requested by the other party.
What is a unilateral contract?
The test used to determine intention in contract cases.
What is would a reasonable person have thought the person making the promise was serious and that the agreement was legally binding?
The presumption that operates regarding intention when the relationship between the contracting parties is primarily commercial in nature.
What is the presumption that parties intend to be legally bound by their agreement?
A contract that is unenforceable because it lacks consideration is also known as this.
What is a gratuitous promise?
These contracts for essential goods or services required to function in society are sometimes enforceable against minors.
What are contracts for necessaries?
A display of goods in a store with a price is an example of this.
What is an invitation to treat?
This case was discussed in class to illustrate the presumption that operates when agreements are entered into between family members.
What is Jones v. Padavatton?
A contract yet to be performed.
What is an executory contract?
A reasonable price paid for requested services.
What is quantum meruit?
For this type of contract, performance constitutes acceptance.
What is a unilateral contract?
A contract that involves the transfer of land may be enforceable through this equitable remedy even if the contract is not in writing.
What is part performance?