Law 206 Ch. 6 - Contractual Intent
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This chapter discusses contractual intent and factors that can impact the validity of a contract formation. It defines fraud, misrepresentation, and the three types of duress. It also discusses undue influence, contracts of adhesion, mistakes in contracts, and how contractual intent can be used to void agreements.
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This chapter discusses key concepts relating to contract provisions, including:
- The distinction between covenants and conditions in a contract
- The Statute of Frauds requiring certain types of contracts to be in writing
- The different categories of conditions in a contract such as conditions precedent, subsequent, and concurrent
- General rules of construction used by courts to interpret contractual provisions
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This chapter discusses key concepts relating to contract provisions, including:
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3) By agreement between the parties such as through rescission, novation, accord and satisfaction, or substituted agreement which forms a new contract and discharges the original obligations.
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An offer must have serious intent, definite terms, and be communicated to be valid. Acceptance agrees to the offer's exact terms. An offer can terminate through revocation, rejection, lapse of time, unfulfilled conditions, or death. Contracts require agreement and consideration between parties, and can be voidable due to mistakes, fraud, duress, incapacity, or illegality.
Contracts genuineness business law
This document discusses the genuineness of assent required for contracts to be enforceable. It covers mistakes, misrepresentations, undue influence, and duress that can invalidate a contract. Specifically, it outlines that (1) mistakes of fact but not value can invalidate a contract, (2) fraudulent misrepresentations that include intent to deceive and injury can make a contract voidable, and (3) undue influence or duress that forces a party into a contract against their will also makes a contract voidable.
Capacity & Consent in contract
This document discusses legal capacity and consent to enter into contracts. It covers topics such as capacity for minors and mentally impaired persons, disaffirming contracts for minors, remedies for misrepresentation or fraud, mistakes in contracts, and situations where undue influence or duress may make a contract voidable. Key exceptions are noted, such as minors being responsible for payment of necessities and not being able to disaffirm contracts they fully executed.
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CHAPTER FIVE .pptx
1. The document discusses the major principles of contract law from the Somali civil code, including the definition of a contract, formation of contracts, capacity to enter contracts, types of contracts, and sources of contractual obligations.
2. It states that a contract is a legally binding agreement that requires elements like offer, acceptance, consideration, and intention to be legally enforceable.
3. The document also explains the sources of contractual obligations in Somali law and who has the legal capacity to enter into contracts.
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This chapter discusses various ways that contractual obligations can be discharged or excused, including performance, breach of contract, agreement of parties, impossibility of performance, frustration of purpose, and death or destruction of subject matter. It will define key concepts like anticipatory breach, tendering performance, material and minor breaches, and mutual rescission. It will also differentiate between conditions that excuse performance and those that discharge obligations.
Free consent
The document discusses the elements required for free consent in contract law. It explains that consent must not be caused by coercion, undue influence, misrepresentation, fraud, or mistake for it to be considered free. It defines each of these elements and provides examples to illustrate when consent would not be free due to these factors. The document also discusses the implications, such as contracts being voidable, when free consent is compromised.
Ica 4
Free consent of all parties is essential for a valid contract. The document discusses the key elements of free consent, including coercion, undue influence, fraud, and mistake. It provides examples and definitions for when consent is not considered free due to these invalidating factors. Mistake and misrepresentation are also explained, distinguishing between mistakes of fact and mistakes of law. Overall, the document outlines the important legal concepts around valid and free consent in contract formation.
Contract & agreement
The document discusses various types of contracts and their discharge. It defines a contract as a legally enforceable agreement with key elements of offer, acceptance, and consideration. It categorizes contracts based on validity, formation, performance, and more. It also outlines several ways a contract can be discharged, such as through performance, breach, impossibility of performance, or by operation of law. Discharge by breach of contract occurs when a party fails to perform or anticipatorily repudiates the contract.
Contract
The document classifies contracts into five categories: formation, performance, parties, formalities, and legality. Formation includes express, implied, and quasi contracts. Performance includes executed and executory contracts. Parties include bilateral and unilateral contracts. Formalities include formal and informal contracts. Legality includes valid, void, voidable, unenforceable, and illegal agreements. Essential elements of a valid contract are offer/acceptance, intention to create legal obligations, lawful consideration, competent parties, free consent, lawful object, and certainty.
Essentials of valid contract
This document outlines the essential elements for a valid contract. There must be 1) an agreement between two competent parties who consent freely, 2) lawful consideration, and 3) a lawful object that is possible to perform. The agreement must meet additional requirements like intention to create a legal relationship, certainty, and compliance with any formalities depending on the type of contract.
Contract Law Test and Answers November 2017
1. Consideration is what each party provides in a contract, such as money for goods. Executed consideration involves a thing in return for a promise, while executory consideration involves promises to perform future acts.
2. A party cannot claim consideration for doing something they are already legally obligated to do. A contract also requires an unforeseen event that radically changes completion and is not caused by either party to discharge the contract due to frustration.
3. An offer must be clearly defined and accepted for a contract to form, and an offer can end through rejection, lapse of time, or revocation. Acceptance generally occurs when a letter is posted, not received.
LAWS1100 Nickolas James Business law 4_e_----_(chapter_8_contract_law_terms_o...
This document provides learning objectives and content about contract terms. It discusses the difference between express terms that are explicitly agreed to by parties, and implied terms from courts or statutes. Express terms in a written and signed contract are generally binding even if a party did not read the contract. However, a contract could be void under the doctrine of non est factum if a party was mistaken about the fundamental nature of a document they signed due to factors like illiteracy or misleading representations. The chapter also examines a scenario between Johnny and Maria regarding the sale of half a restaurant business and whether any terms were breached.
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This document contains information about a group assignment for a contract law class. It lists the names and registration numbers of 3 students - Hadija Nyagawa, Masunga Jandika, and Christian Mrema. The rest of the document summarizes key concepts of contract law, including the requirements for a valid contract, acceptance of an offer, interpretation of contracts, capacity to contract, remedies for breach of contract, and ways a contract can be discharged.
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The document discusses various aspects of business law and legal issues related to contracts and agreements in the tourism industry. It defines key terms like contract, essential elements of a contract, offer and acceptance. It also explains different types of contracts/agreements, conditions for a valid contract, breach of contract and available remedies. Additionally, it discusses void and voidable agreements, and compares contracts and agreements. The document provides useful information on the formation, interpretation and enforcement of contracts in business and tourism.
Similar to Law 206 Ch. 6 - Contractual Intent (20)
LAWS1100 Nickolas James Business law 4_e_----_(chapter_8_contract_law_terms_o...
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Ch09(1)
This document discusses various types of third party contracts, including third party creditor beneficiary contracts which are intended to extinguish a debt, and third party donee beneficiary contracts which are intended to confer a gift. It also defines contractual assignments and differentiates between assignments, delegations, and novations. Key topics covered include the rights of intended versus incidental beneficiaries, how assignments affect original parties, and situations where a gratuitous assignment becomes irrevocable.
Ch11
This document provides an overview of legal and equitable remedies for breaches of contract. It defines compensatory, punitive, consequential, and liquidated damages as legal remedies. It also discusses injunctions, specific performance, rescission, restitution, and reformation as equitable remedies, as well as quasi-contractual remedies and the effect of waivers.
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This chapter discusses key concepts related to acceptance and offer in contract law, including: defining acceptance; differentiating acceptance from counter-offers; explaining who can accept an offer and how offers are accepted; discussing the impact of the mailbox rule and methods of revoking or terminating an offer. It also covers the mirror image rule and how silence affects an offer.
Ch02
This chapter will define offer and identify the three conditions necessary for a valid offer: 1) the offeror must manifest present contractual intent, 2) the offer must be communicated to the offeree, and 3) the offer must be certain and definite in its terms. It will also list the four required terms in a valid offer: price, subject matter, parties, and time of performance. Finally, it will discuss the impact of the Uniform Commercial Code on traditional legal principles of a contractual offer.
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Ch 19 Sentencing and Punishment
The document discusses the history and justifications of criminal punishment including retribution, deterrence, incapacitation, and rehabilitation. It then covers sentencing alternatives and factors considered in sentencing such as felony vs misdemeanor crimes, presentence reports, and truth-in-sentencing laws. Finally, it briefly outlines probation, parole, the growth of the US prison population, and characteristics of those incarcerated.
Ch 18 Criminal Trial
This document summarizes key aspects of criminal trial procedures in the United States, including common pretrial motions, Sixth Amendment rights of defendants, the right to a jury or bench trial, jury selection processes, rules of evidence, order of trial procedures such as opening statements and presenting the prosecution and defense cases, jury instructions, closing arguments, jury deliberations, and potential outcomes such as jury verdicts, hung juries, and jury nullification.
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The document summarizes key aspects of the pretrial process in criminal cases, including:
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2) Elaborate pretrial procedures for felonies including initial appearance, grand jury, preliminary hearing, and arraignment where a plea is entered.
3) Most cases are resolved pretrial, with about 25% resulting in convictions as cases attrite through the system.
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The document discusses various topics related to arrest, interrogation, and identification procedures by law enforcement. It covers the definition of arrest and when an arrest is required to have a warrant. It also discusses warrantless arrests, the use of force during arrests, and several high-profile cases involving alleged police brutality. The document also summarizes Supreme Court rulings on the use of force, interrogations, Miranda warnings, and police identification procedures such as lineups, showups, and photo arrays.
Ch 15 Search and Seizure
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The document discusses various offenses against justice and public administration. It covers common law misdemeanors such as bribery, perjury, resisting arrest, obstruction of justice, compounding a crime, escape, and contempt. It also examines modern statutes that have expanded on these offenses. Bribery statutes now cover influencing any public official, not just those related to justice. Perjury requires knowingly making a false statement under oath that is material to the matter. Obstruction of justice encompasses any acts that impede police or justice.
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Law 206 Ch. 6 - Contractual Intent
- 1. Chapter 6 CONTRACTUAL INTENT In this chapter you will: Define what is meant by contractual intent Define fraud Differentiate fraud from misrepresentation Explain the concept of duress List the three types of duress that may be encountered in contract law Discuss what is meant by undue influence Define a contract of adhesion Discuss the effect of a mistake on contract formation Discuss the enforceability of contract entered into with a unilateral mistake Understand how the concept of contractual intent may be applied to void contracts
- 2. Contractual Intent The parties to the contract must actually intend to enter into a contract for the same bargain at the same time.
- 3. Fraud Five elements of contractual fraud: 3. The misrepresentation 4. of a material fact 5. made with the intent to deceive and 6. relied on by the other party 7. to his or her detriment
- 4. Duress Duress connotes some form of force or coercion exercised over one party to the contract in order to induce that party’s promise to contract
- 5. Forms of Duress Physical duress Economic duress Mental duress
- 6. Mistake Mistake occurs when one (or both) of the parties is under a misconception as to the subject matter of the contract.
- 7. Categories of Mistake Mutual mistake: this type of mistake goes to a basic assumption of the agreement, the mistake has a material adverse effect on the parties, and the mistake was of the type that could not be foreseen. Unilateral mistake: concerns a situation in which only one party to the contract is mistaken because of some typewritten or computation error.