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a promise or set of promises for the breach of which the law provides remedies



three elements of a contract and what they are affected by

offer, acceptance, consideration affected by capacity and legality


manifest agreement orally or in writing

Express Contract


parties don't write anything down is established by conduct

Implied Contract


one party makes a promise and the other party performs

Unilateral Contract


both parties make promise and the other performs

Bilateral Contract


uniform set of laws that is passed in identical form in every state except Louisiana - this stands if done in a reasonable period of time

Uniform Commercial Codes
side note Louisiana has Napoleonic code


if the object of the contract is illegal then the contract is VOID

legality of a contract


this is voidable if the 2 parties of the contract understand the nature and consequences of actions

capacity of a contract


if person is involved in contract do to this then their portion of the contract is voidable

defects in capacity


defect in capacity where if you are under they are under 18 years old this can be extend to the minor if within a reasonable amount of time - this is NON-VOIDABLE if the person is emancipated



type of defect in capacity where the person doesn't have the mental facilities to decide whether or not to enter the contract this could be due some kind of mental illness also becomes more complicated to to the person having good days and bad days



this defect in capacity only occurs when you don't know what you are doing an example of this would being blackout drunk where you loose whole periods of time



part of a contract that needs to be made in clear unambiguous language contained in definite terms about material items should contain lots of specificity and be COMMUNICATED



manifestation of assent to the terms of the offer in the manner required of the offer



benefit of the bargain of exchange
-both parties have to get something of value
-promise to make a gift is not enforceable
-if pre-existing legal duty no consideration is made



Describe the Hooters Case

Hooters was having a contest to see who could sell the most beer and then they would get a Toyota this waitress wins the contest and then finds she gets a toy yoda and is pissed sues because there was no offer and wins the lawsuit and picks the Toyota she wants


Describe the Lucy v.s Zehmer case

in 1954 Lucy and Zehmer were out to dinner and Zehmer offered to sell Lucy the Ferguson Farm for $50,000 and they both accept except when Lucy comes with the check the next day Zehmer won't sell the farm to Lucy and he sues and Zehmer has to sell the farm for 50,000


What is the 2 prong test

the first prong is the objective test where you see if all parts of a contract are there offer acceptance consideration the second prong is where you have a meeting of the minds and look at the contract from the prospective of the disadvantage


what are the 4 parts of a tort

duty, breach of duty, causation, Damages


What was Pittson's duty to the people of Buffalo Creek

not to kill their residents


How did Pittson breach their duty

they killed their residents


What kinds of Damages were caused

Pain and suffering
damages- funerals
property damage
environmental damages
Physical injurys


What was the Causation for Pittson

did pittson cause the damages by a preponderance of evidence


describe the act of god defense

three inches of rain in a 2 day period which could be covered by emergency spillage and structural changes


what was the wasn't even us defense

if the corporation wasn't properly capitalized then pittson wasn't responsible for the actions of a subsidiary however BCMC was a division of pittson and therefore is under the care of pittson


what was the States fault defense

WV didn't have any money and you can't sue the state


what was the defense that it was the people's fault

people should have moved but they are too poor to move