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A promise that the law will enforce. |
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Both parties make a promise. |
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One party makes a promise that the other party can accept only by doing something. |
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The two parties explicitly explain all the important terms of their agreement. |
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The words and conduct of the parties indicate that they intended an agreement. |
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When one or more parties has not fullfilled it's obligations. |
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When all parties have fullfilled their obligations. |
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One that satisfies all of the law's requirements. |
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When parties intend to for a valid agreement but a court declares some rule of law prevents enforcing it. |
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When the law permits one party to terminate the agreement. |
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Void Contract (agreement) |
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One that neither party can enforce. |
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One party must make an offer and the other party must accept it. |
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There has to be a bargaining that leads to an exchange between parties. |
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The contract must be for a lawful purpose |
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The parties must be adults of sound mind. |
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Neither party may trick or force the other into agreement |
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Some contracts must be in writing to be enforceable. |
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Some contracts affect people other than the parties themselves. |
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If a party fully accomplishes what the contract requires, his duties are discharged. |
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A court will award money or other relief to a party injured by a breach of contract. |
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3 Basic Questions of Common Sense |
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*Is it certain that the defendant promised to do something? *If she did promise, is it fair to make her honor her word? *If she did not promise, are there unusual reasons to hold her liable anyway? |
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