1. CHAPTER 5 Contracts

2. Contract- is any agreement enforceable by law Offer- is a proposal by one party to another intended to create a legally binding agreement Acceptance- is the second party’s unqualified willingness to go along with the 1 st party’s proposals Genuine Agreement- a valid offer is met by a valid acceptance

3. Contracts Capacity- is a legal ability to enter a contract Consideration- is the exchange of things of value Legality- is the final element of the contract

4. Characteristics of a Contract Void- has no legal effect Voidable Contract- is able to void or cancel a contract for some reason legal Unenforceable Contract- is one the court will not uphold generally because of some rule of law ( statue of limitation) Express contract- stated in words and may be either oral or written

5. Characteristics of a Contract Implied contract- comes about from the actions of the parties Bilateral contract- contains two promises, one party promises to do something in exchange for the other’s promise to do something else. Unilateral contract- a promise by only one person to do something, if and when the other party performs some act

6. Offer and Acceptance Invitations to negotiate-sell an advertisements in newspapers, magazines, and catalogs the mirror image rule- acceptance must not change the terms of the original offer in any way Counteroffer- Any change in the terms of the offer

7. Termination of an offer Offer can be terminated in 5 ways Revocation- taking back of an offer by the offeror Rejection- refusal, of an offer by the offeree brings the offer to an end Counteroffer- ends the first offer

8. Termination of an offer Expiration of time- an offeror sets a time limit for the acceptance of the offer, it must be honored. Death or Insanity- If the offeror dies or becomes insane before the offer is accepted, the offer comes to an end