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Chapter 5.1 -- How Contracts Arise -- LEM

AB
ContractAny agreement enforceable by law.
Equity Theory of Contract LawCourts asked whether the parties to a contract exchanged things of equal value.
Will Theory of Contract LawWhen asked to settle a contract dispute, the courts would ask whether the parties had a greed to the terms set forth in the agreement.
Will Theory of Contract LawFocused on fee will of each party.
Formalist TheoryRelied on the form of agreement.
OfferA proposal by one party to another intended to create a legally binding agreement.
AcceptanceThe second party's willingness to go along with the first party's proposal.
Genuine AgreementIf a vaild offer is met by a valid acceptance.
CapacityThe legal ability to enter into a contract.
ConsiderationThe exchange of things of value.
ValidLegally good.
VoidHas no legal effect.
Unenforceable ContractOne that the court will not uphold because of some rule or law.
Voidable ContractWhen a party is able to void or cancel a contract for a legal reason.
Express ContractStated in words that may be oral or written.
Implied ContractComes about from the actions of the parties.
Bilateral ContractContains two promises. One parties promise in exchange for the promise of another party.
Unilateral ContractOne sided. Contains a promise to only one side of the deal.
Oral ContractCreated by word of mouth and comes into existance when people are talking to eachother.
Written ContractAssures both parties that the contract is legal and what exactly it entails. Provides proof of the agreement.

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