1. Contract Law
by Snježana Husinec

2. Contractual formation
OFFER +
ACCEPTANCE = ENFORCEABLE
CONTRACT
CONSIDERATION
*enforceable contract = legally valid and binding (the
courts can force the parties to abide by it )

3. Different forms of a contract
EXPRESS IMPLIED
3 elements are
implied/presumed
written oral
3 essential elements are present

4. Consideration Common law jurisdictions
both parties to a contract must bring
something to the bargain
money anything of value
to the parties
Eg. I Eg. II
Party A – a farm (consid.) Party C–clerical work(consid.)
Party B – a million dollars Party D – food and shelter
(consid.) (consid.)
*Civil law jurisdictions – no consideration (a promise does not need
consideration to be enforceable)

5. Intention to be legally bound
agreement +
intention to be CONTRACT
legally bound
COMMERCIAL FAMILY AND SOCIAL
AGREEMENTS AGREEMENTS
-presumed to be has to be proved that
contracts it was intended to be

6. Setting aside the contract
Three different ways in which contracts can
be set aside:
VOID (a contract never came into existance)
VOIDABLE (one or both parties may declare a
contract ineffective at their wish)
3. UNENFORCEABLE (lacks some particular type
of evidence necessary for
the enforcement)

7. VOIDABLE CONTRACTS Match the terms with their definitions.
MISTAKE
A) A threat of harm to compel a person to do sth against his or her will or judgement (eg. threatening to kill the other party if he didn’t sign a contract)
MISREPRE-
SENTATION
B) The restricted capacity of either natural or artificial person to either enforce contracts or have them enforced against them (eg. small children; mentally incapacitated people).
DURESS
C) A false statement of fact made by one party to another party and has the effect of inducing these party into the contract(eg.false statement of promises)
UNDUE
INFLUENCE
D) One person taking advantage of a position of another person (eg. parent-child; solicitor-client).
INCAPACITY
E) An incorrect understanding by one or more parties to a contract.

8. Remedies for breach of contract
AWARD OF
MONEY
DAMAGES
ORDER OF
SPECIFIC
PERFORMANCES

9. Essential expressions
to form/enter into/
breach/enforce/set aside/terminate
a contract
a breach of contract
consideration
offer and acceptance
an implied/express/
legally binding contract
a void/voidable/
unenforceable contract
mistake
misrepresentation
duress
undue influence
incapacity
an order of specific performances

10. Vocabulary practice I – Word formation
Fill in the blanks by using the appropriate words from the text:
VERB
NOUN
ADJECTIVE
to enforce
avoidance
performance
_______

11. Vocabulary practice II - Collocations
Choose one of the listed nouns for each of the following
verbs. Use the text.
a binding offer; requirements; legal capacity; a contract; a contract; requirements
to comply with ……………………………….
to make ………………….
to fulfil……………………
to enter into …………
to set………………aside
to possess………………

12. Translation practice Translate the following sentences into English:
Ako ugovor ne ispunjava osnovne uvjete bez pravnog je učinka i ne može dovesti do stjecanja zakonskih prava i dužnosti.
Ugovor je poništiv i može se anulirati na zahtjev jedne od strana u slučaju prevare, lažnog prikazivanja, protuzakonitog utjecaja ili prinude.