Term
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Definition
| manifestation of intention to act or refrain from acting in a specified way, so made as to justify a promisee in understanding a commitment has been made |
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Term
| Is a promise legally enforceable in itself ? |
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Definition
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Term
| How is a promise legally enforceable? (2) |
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Definition
1. Bargain: promise within the contract
2. Reliance: promissory estoppel |
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Term
| Elements of breach of contract (6) |
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Definition
1. manifestation of mutual assent
2. 2 or more able parties
3. consideration
4. reasonable certain terms
5. a breach or repudiation of contract duty owed to plaintiff
6. the plaintiff was ready, willing, and able to perform her remaining contract duties |
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Term
| Elements of promissory estoppel (5) |
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Definition
1. a promise
2. the promisor should reasonably have expected the promise to induce action or forbearance by promisee
3. detrimental reliance - the promise induced action or forbearance by the promisee
4. a breach of repudiation
5. injustice can be avoided only by enforcing the promise |
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Term
| Elements of Quasi-contract claim (3) |
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Definition
1. enrichment
2. by the plaintiff
3. it would be unjust for the defendant not to pay for the enrichment |
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Term
| Elements of manifestation of mutual assent (2) |
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Definition
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Term
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Definition
1. Willingness to enter into an agreement
2. it is communicated or delivered
3.the recipient justifiably understands her assent concludes the offer |
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Term
| Is a advertisement an offer? |
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Definition
| no, its an invitation because it lacks a promise. |
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Term
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Definition
| if the auction is without reserve, buyer = offeror and seller= offeree |
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Term
| Elements of Acceptance (5) |
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Definition
1. Assent
2. by the offeree
3. to the terms of the offer
4. made in a manner required by offer
5. while the offeree still has the privilege to for an agreement |
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Term
| Silence as acceptance (4) |
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Definition
1. offeree takes benefit with opportunity to reject knowing they expect compensation
2. the offeror has given offeree reason to understand that silence is manifest assent
3. the offeree knows to notify if he doesnt intend to accept
4. offeree does any act inconsistent with the offerers ownership of offered property and the terms |
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