Contract Law by Snježana Husinec

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

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

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)

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

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)

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.

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

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

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

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………………

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.