What is a contract Flashcards
(8 cards)
What is the definition of a contract
a voluntary agreement between two or more parties enforceable by the state via the courts
What are the 4 things required for a contract
- an intention by all the parties to enter into legal relations
- an offer
- an acceptance of that offer
- consideration → or made under seal in certain circumstances
Can a contract be made from an oral agreement
When does a contract need to be in writing
Yes
certain instances e.g. buying / selling land
When can a contract be nullified
when it is not made properly -> will be void or voidable
When is a contract void
what does that mean
unenforceable
when the subject of the contract is illegal e.g. a contract to commit a crime
When is a contract voidable
when 1 party did not freely consent due to duress or undue influence
What are complete contracts
main focus of this course
when what is to be done or sold is clear and known from the outset
Where do we see incomplete contracts
very common in employment where there is no end date to the contract & the tasks of an employee may change throughout the contract period