A | B |
contract | Any agreement enforceable by law |
Equity theory | Parties to a contract exchange things of equal value |
Will theory | Did both parties agree to the terms? |
Formalist theory | Did the parties “reach a meeting of the minds”? |
Contract | Any agreement enforceable by law. |
Revocation | taking back of an offer by the offeror, withdraw before it has been accepted |
Consideration | exchange of things of value, one thing of value promised in exchange for something else of value |
Legality | can’t involve illegal acts |
Genuine Agreement | a valid offer met by a valid acceptance |
Acceptance | agreement of the offeree to be bound by the terms of the offer |
Offer | proposal by one party to another intended to create a legally binding agreement |
Valid | contract that is legally good |
voidable | a party is able to void or cancel a contract |
Void | contract that has no legal effect |
negotiable instruments | checks, notes, CD |
executed | Has been fully performed by all parties to the contract |
executory | The terms have not been fully carried out by all parties |
unilateral | A promise by only one person to do something if the other party acts |
bilateral | One party promises to do something in exchange for the other’s promise to do something else in future acts |
quasi contract | Not a true contract |
offer | A proposal by the offeror to an offeree to enter a contract |
serious intent | Offer made with the intent of entering into a legal obligation |
Mirror image rule | Acceptance must not change the terms of the original offer |
counteroffer | Change in terms |
UCC | Uniform Commercial Code |
Capacity | legal ability to enter a contract |