Womack Report

February 21, 2007

Business Law, February 21

Filed under: Law,Notes,School — Phillip Womack @ 2:56 pm

Should be more on contract law today. Not very happy with the math test this morning, but I don’t think it will kill me. Work is still frustrating; haven’t been able to get ahold of the IT guy to get access to the actual files I’m supposed to be using. No lunch today, either.Elements of a Contract

  1. Agreement
  2. Consideration
  3. Legal Capacity
  4. Legal Purpose

Contracts are not valid until both sides have received consideration. Consideration means something of legally sufficient value is given in exchange for a promise; generally the amount of consideration must be legally bargained for. Pg. 254
Consideration must be payment, not a gift. Gifts are not consideration. Consideration must be legal. Consideration must be mandatory; if either party can opt not to perform their consideration, that is not consideration. Discharging pre-existing duties is not consideration. Discharging moral duties is not consideration. Past consideration cannot be considered enforceable consideration.

Revocation of a contract: PG. 235

  1. Offers can be revoked at any time before acceptance, unless the offer is irrevocable.
  2. Option contracts, merchants’ firms offers,

Acceptance of a contract: Pg. 237

For a contract to be valid, there must be genuineness of intent, meaning both parties must sincerely wish to enter into the contract.

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