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- a promise for the breach of which the law gives a remedy
- often used to establish an employment relationship or arrange freelance work
- actual damages for crimes, punitive for torts
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- most basic level- a contract is an agreement between contracting parties formed by the extension of an OFFER to which an ACCEPTANCE is communicated and for which CONSIDERATION is given
- need: an offer, acceptance and consideration
- only some have to be in writing
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exchange of mutual promises
"I will sell you my car for $5,000"
"I accept" |
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To enter into a contract you must be: |
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adopted by most states to facilitate commerce
- establish a framework for the sale of goods, bank transactions, the extension of credit and other commercial relationships
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- there must be a manifestation of willingness to enter into a bargain at the present time
- must be a mutual understanding of the terms of the contract
- must be communicated by the offerer
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claim for breach of contract |
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"Specific Performance" Injunction |
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court requires seller to hold up their end of the bargain
- for unique pieces only; art, real property, etc.
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- read the contract
- make certain the contract provides the remedies in the event of a breach
- engage your lawyer in the process sooner rather than later
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