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Agreement, Consideration, Contractual capacity. Legality purpose of contract must be legal at the time. |
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type of contract after you find the 4 elements |
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requires a special form for creation |
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requires no special form for creation |
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formed by the conduct of the parties |
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bilateral, unilateral,formal,informal |
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must be in writing to be enforceable |
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conduct creates and defines the terms of the contract |
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a contract that has been fully performed on both sides |
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a contract that has not been fully performed on either side |
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created by courts and imposed on parties in the interest of fairness and justice |
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- both parties have to agree on terms of the contract.
- big terms
- material terms
- need to be in agreement on money and action, what it is being contracted for
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requirements of the offer |
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offeror's serious intent(determined by deminor)
definteness of terms
communication to offeree. if offeree never receives the offer, then there is no contract |
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- expression of opinion
- statements of future intent
- preliminary negotiations or invitations to negotiate
- advertisements
- auctions
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