Chapter 9:

Formation of

Traditional and e-

Contracts

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• 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

• 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

Contracts

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by anna o.: http://flic.kr/p/6ozuRG

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Ratcliff: http://flic.kr/p/uH6eF

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Contract?

• Do Helen and I have a contract?

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elements of a contract

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Álvaro Canivell: http://flic.kr/p/34n54H

agreement

• offer

• acceptance

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contractual capacity

© TomT, http://flic.kr/p/5VDVhf

legal subject matter

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daikiki: http://flic.kr/p/6MVs3i

Statute of Frauds

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photo by Whitney Gallien-Hedges:

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Interest in land

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Rachel Monroe: http://flic.kr/p/53uH8v

can't be performed in

one year

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photo by Margaret Almon:

http://flic.kr/p/35NwvN

promises to pay someone

else's debt

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Nantucket Historical...:

http://flic.kr/p/66UEHt

promises

made in

consideration

of marriage

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David Muir: http://flic.kr/p/4eQKXu

sale of goods for

$500 or more

consideration

consideration

• COntract

• COnsideration

• What barnyard animal starts with “CO”?

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by GreenViking: http://flic.kr/p/aTxjvB

What does a cow say?

MOO!

Mutuality

Of

Obligation

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peppercorn

rule

Do we have a contract?

Why or why not?

What If?

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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 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?

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

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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"

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