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Chapter 9:
Formation of
Traditional and eContracts

cc licensed ( BY NC SA ) flickr photo by LOSINPUN: http://flic.kr/p/aN...
Contracts
• Contract?
– A PROMISE or a SET OF PROMISES for
which the law gives a remedy or the
performance of which the la...
cc licensed ( BY ) flickr photo by D. Sharon Pruitt: http://flickr.com/photos/pinksherbet/
cc licensed ( BY ) flickr photo by Mary Bliss: http://flic.kr/p/6pyfRe
cc licensed ( BY NC SA ) flickr photo by Rachel James: http://flic.kr/p/4T3aS8
cc licensed ( BY NC SA ) flickr photo
by anna o.: http://flic.kr/p/6ozuRG
cc licensed ( BY NC SA ) flickr photo by Peter Dutton:
http://flic.kr/p/e1xGF7
cc licensed ( BY NC ) flickr photo by Deep Frozen Shutterbug: http://flic.kr/p/4kBCPS
cc licensed ( BY NC SA ) flickr photo by Tr
Ratcliff: http://flic.kr/p/uH6e
cc licensed ( BY NC ) flickr photo by Kevin McShane: http://flic.kr/p/7cmzjX
Contract?

• Do Helen and I have a contract?
elements of a contract

cc licensed ( BY NC SA ) flickr photo by Pierre J.: http://flic.kr/p/5CMRKY
agreement
• offer
• acceptance

cc licensed ( BY NC SA ) flickr photo by
Álvaro Canivell: http://flic.kr/p/34n54H
contractual capacity

cc licensed ( BY NC ) flickr photo by Dennis Gotta:
http://flic.kr/p/6aXDU3
legal subject matter

© TomT, http://flic.kr/p/5VDVhf
Statute of Frauds

cc licensed ( BY NC SA ) flickr photo by
daikiki: http://flic.kr/p/6MVs3i
Interest in land

cc licensed ( BY NC SA ) flickr
photo by Whitney Gallien-Hedges:
http://flic.kr/p/2bdQLH
can't be performed in
one year

cc licensed ( BY NC ND ) flickr photo by
promises to pay someone
else's debt

cc licensed ( BY NC ND ) flickr
photo by Margaret Almon:
http://flic.kr/p/35NwvN
promises
made in
consideration
of marriage

cc licensed ( ) flickr photo by
Nantucket Historical...:
http://flic.kr/p/66UE...
sale of goods for
$500 or more

cc licensed ( BY NC ND ) flickr photo by
David Muir: http://flic.kr/p/4eQKXu
consideration
consideration
• COntract
• COnsideration
• What barnyard animal starts with “CO”?
cc licensed ( BY NC SD ) flickr photo
by GreenViking: http://flic.kr/p/aTxjvB
What does a cow say?
MOO!
Mutuality
Of
Obligation
peppercorn
rule

cc licensed ( BY NC ND )
flickr photo by artizone:
http://flic.kr/p/bmV7jz
Do we have a contract?
Why or why not?
What If?
cc licensed ( BY NC SD ) flickr photo by John 0'Shea: http://flic.kr/p/8kCK6A
Think-Pair-Share
Think-Pair-Share
Ed, a local businessman, is friends with Trudy,
who owns a candy store. Every day on his
lunch hour, Ed g...
Do Ed & Trudy have a contract?
Contract Elements?
• Agreement
– Offer
– Acceptance

•
•
•
•

Consideration
Capacity
Legality
Form
What if there is no contract?
Contract terminology
• Express
– Explicitly stated

• Implied
– Understood but not stated
c licensed ( BY NC SD ) flickr photo by kerriantes@sbcglobal.net: http://flic.kr/p/6JSuH4
cc licensed ( BY ) flickr photo by dvs:
http://flic.kr/p/nNfhz
cc licensed ( BY NC ND ) flickr photo by floodkoff:
http://flic.kr/p/4Kuowi
Quasi-contract
• Equitable remedy
• Did plaintiff confer benefit on defendant?
• With reasonable expectation of being
paid...
cc licensed ( BY NC ) flickr photo by Just Us 3:
http://flic.kr/p/JtaGt
Contract law slides
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Contract law slides

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BUS 263 class slides from February 27, 2014.

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  • Hi Ted, I really love your work. I am an Legal English Instructor from Israel. You used to have the presentations with audio. Do you still have that version by chance? It would be deeply appreciated. My students love your work. If you could email it to me, that would be wonderful. kadman10@gmail.com Thanks!
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Transcript of "Contract law slides"

  1. 1. Chapter 9: Formation of Traditional and eContracts cc licensed ( BY NC SA ) flickr photo by LOSINPUN: http://flic.kr/p/aNHv22
  2. 2. Contracts • Contract? – A PROMISE or a SET OF PROMISES for which the law gives a remedy or the performance of which the law in some way recognizes as a duty
  3. 3. cc licensed ( BY ) flickr photo by D. Sharon Pruitt: http://flickr.com/photos/pinksherbet/
  4. 4. cc licensed ( BY ) flickr photo by Mary Bliss: http://flic.kr/p/6pyfRe
  5. 5. cc licensed ( BY NC SA ) flickr photo by Rachel James: http://flic.kr/p/4T3aS8
  6. 6. cc licensed ( BY NC SA ) flickr photo by anna o.: http://flic.kr/p/6ozuRG
  7. 7. cc licensed ( BY NC SA ) flickr photo by Peter Dutton: http://flic.kr/p/e1xGF7
  8. 8. cc licensed ( BY NC ) flickr photo by Deep Frozen Shutterbug: http://flic.kr/p/4kBCPS
  9. 9. cc licensed ( BY NC SA ) flickr photo by Tr Ratcliff: http://flic.kr/p/uH6e
  10. 10. cc licensed ( BY NC ) flickr photo by Kevin McShane: http://flic.kr/p/7cmzjX
  11. 11. Contract? • Do Helen and I have a contract?
  12. 12. elements of a contract cc licensed ( BY NC SA ) flickr photo by Pierre J.: http://flic.kr/p/5CMRKY
  13. 13. agreement • offer • acceptance cc licensed ( BY NC SA ) flickr photo by Álvaro Canivell: http://flic.kr/p/34n54H
  14. 14. contractual capacity cc licensed ( BY NC ) flickr photo by Dennis Gotta: http://flic.kr/p/6aXDU3
  15. 15. legal subject matter © TomT, http://flic.kr/p/5VDVhf
  16. 16. Statute of Frauds cc licensed ( BY NC SA ) flickr photo by daikiki: http://flic.kr/p/6MVs3i
  17. 17. Interest in land cc licensed ( BY NC SA ) flickr photo by Whitney Gallien-Hedges: http://flic.kr/p/2bdQLH
  18. 18. can't be performed in one year cc licensed ( BY NC ND ) flickr photo by
  19. 19. promises to pay someone else's debt cc licensed ( BY NC ND ) flickr photo by Margaret Almon: http://flic.kr/p/35NwvN
  20. 20. promises made in consideration of marriage cc licensed ( ) flickr photo by Nantucket Historical...: http://flic.kr/p/66UEHt
  21. 21. sale of goods for $500 or more cc licensed ( BY NC ND ) flickr photo by David Muir: http://flic.kr/p/4eQKXu
  22. 22. consideration
  23. 23. consideration • COntract • COnsideration • What barnyard animal starts with “CO”?
  24. 24. cc licensed ( BY NC SD ) flickr photo by GreenViking: http://flic.kr/p/aTxjvB
  25. 25. What does a cow say?
  26. 26. MOO!
  27. 27. Mutuality Of Obligation
  28. 28. peppercorn rule cc licensed ( BY NC ND ) flickr photo by artizone: http://flic.kr/p/bmV7jz
  29. 29. Do we have a contract? Why or why not?
  30. 30. What If?
  31. 31. cc licensed ( BY NC SD ) flickr photo by John 0'Shea: http://flic.kr/p/8kCK6A
  32. 32. Think-Pair-Share
  33. 33. Think-Pair-Share Ed, a local businessman, is friends with Trudy, who owns a candy store. Every day on his lunch hour, Ed goes to Trudy’s candy store and looks at the candy for a few minutes while chatting with Trudy. Ed usually buys one or two pieces of candy before going back to work. One afternoon, Ed goes into Trudy’s store and picks up a $2 candy bar. Seeing that Trudy is busy with another customer, he catches her eye, waves the candy bar, and walks out. Do Ed and Trudy have a contract?
  34. 34. Do Ed & Trudy have a contract?
  35. 35. Contract Elements? • Agreement – Offer – Acceptance • • • • Consideration Capacity Legality Form
  36. 36. What if there is no contract?
  37. 37. Contract terminology • Express – Explicitly stated • Implied – Understood but not stated
  38. 38. c licensed ( BY NC SD ) flickr photo by kerriantes@sbcglobal.net: http://flic.kr/p/6JSuH4
  39. 39. cc licensed ( BY ) flickr photo by dvs: http://flic.kr/p/nNfhz
  40. 40. cc licensed ( BY NC ND ) flickr photo by floodkoff: http://flic.kr/p/4Kuowi
  41. 41. Quasi-contract • Equitable remedy • Did plaintiff confer benefit on defendant? • With reasonable expectation of being paid? • Will there be unjust enrichment of defendant? • Remedy? • 'quantum meruit' • "as much as she deserves"
  42. 42. cc licensed ( BY NC ) flickr photo by Just Us 3: http://flic.kr/p/JtaGt
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