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Contracts. Formation of a Contract Mutual Assent (offer and acceptance) Consideration Capacity Legality.

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Presentation on theme: "Contracts. Formation of a Contract Mutual Assent (offer and acceptance) Consideration Capacity Legality."— Presentation transcript:

1 Contracts

2 Formation of a Contract Mutual Assent (offer and acceptance) Consideration Capacity Legality

3 Offer –A promise or commitment to do or refrain from doing some specific thing in the future –Elements Intent Definiteness Communication

4 Acceptance A voluntary act (either words or conduct) that shows assent or agreement to the terms of the offer.

5 Consideration The value (such as money) given in return for a promise (such as the promise to sell an item upon receipt of payment). Elements Bargained-for Exchange Value –act –forbearance –creation of a relationship

6 Capacity The legal ability to enter into a contractual relationship

7 Genuineness of Assent Mistakes Fraud Undue Influence Duress Contracts of Adhesion

8 Discharge of Contractual Duties Performance Occurrence or Failure of a Condition By Agreement By Operation of Law

9 Remedies for Breach of Contract Legal –compensatory damages –incidental damages –consequential damages note: duty to mitigate Equitable –specific performance –recission –reformation


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