1. Aim of contract to determine which arguments are "worthy" of legal enforcement, based on the
law notion that you are the best judge of your own welfare
2. 7 characteristics otter, acceptance, consideration, legality, capacity, consent, writing
of a contract
3. 3 basic questions Is it certain the defendant promised to do something?
of promises If they did promise, is it fair to make them honor their word?
If they did not promise, are there unusual reasons to hold them liable?
4. Noncompetition a contract in which one party agrees not to compete with another - very common,
agreement frequently litigated
5. Bilateral contract a promise made in exchange for another promise
6. Unilateral con- one party makes a promise that the other party can accept only by actually DOING
tract something
7. Executory con- an agreement in which one or more parties have not yet fulfilled its obligations
tract
8. Executed contract an agreement in which all parties have fulfilled their obligations
9. Valid contract satisfies all of the laws requirements
10. Unenforceable when parties intend to form a valid bargain, but a court declares that the same
contract rule of law prevents enforcing it
11. Voidable contract agreement that may be terminated by one of the parties
12. Void agreement a contract that neither party can enforce, because the bargain is illegal or one of
the parties had no legal authority to make it
13. Express contract an agreement with all the important terms explicitly stated
, BLAW 2301 Exam #2 Correctly Solved Questions And Answers | Verified
14. Implied contract the words and conduct of the parties indicate that they intended an agreement
15. The two remedies In promissory estoppel cases, the defendant made a promise that the plaintitt
relied on
In quasi-contract cases, the defendant received a BENEFIT from the plaintitt and
retaining that benefit would be unfair
16. Promissory estop- even when there is no contract, plaintitt can use this to enforce the defendants
pel promise
17. what must the The defendant made a promise that the plaintitt relied on
plaintiff show in The plaintitt did rely on the promise
promissory estop- The only way to avoid injustice is to enforce the promise
pel?
18. Quasi-contract remedy for injured plaintitt with no valid contract
19. what must the Plaintitt gave some benefit to the defendant
plaintiff show in Plaintitt reasonably expected to be paid for the benefit and the defendant knew
quasi-contract? The defendant would be unjustly enriched if he did not pay
20. Quantum meruit "as much as he deserves", damages awarded ub quasi-contract case
21. Difference be- at what point do we have a binding contract? Bilateral is enforceable when you
tween bilateral exchange promises for promises, shake hands, and a contract is made. If you
and unilateral don't follow through with the promise on either side you can sue for damages.
For a unilateral contract a promise isn't enough to make a contract, you have to
perform to make it a contract
22. Offeror person who makes the otter
23. Offeree person to whom an otter is made
24.