2. THE WHAT, WHY AND HOW OF CONTRACTS D. Scott Berry www.berrylawoffices.com facebook/berrylawofficesmn
3. www.berrylawoffices.com Definition of a Contract “ An agreement between two or more persons which creates an obligation to do or not to do a particular thing.” Black’s Law Dictionary , Sixth Edition (1991)
4. Are all contracts required to be in writing to be legally binding? NO! www.berrylawoffices.com
23. www.berrylawoffices.com Offer & Acceptance Carlill v. Carbolic Smoke Ball Company Was the offer accepted by Mrs. Carlill’s actions?
24. www.berrylawoffices.com Offer & Acceptance Carlill v. Carbolic Smoke Ball Company Yes, she accepted the offer The court determined that satisfying conditions provided in the advertisement for using the smokeball constituted acceptance of the offer.
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26. www.berrylawoffices.com Offer & Acceptance Felthouse v. Bindley Was there a contract? No , the court determined that an acceptance of an offer will not give rise to a binding agreement unless it is expressly communicated to the offeree.
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34. www.berrylawoffices.com Contract Consideration Carlill v. Carbolic Smoke Ball Company Was there consideration? Yes, the court determined that purchasing or using the smokeball constituted consideration. There was no benefit to the company for the customer relying on the procedures provided in the advertisement.