Zusammenfassung der Ressource
Frage 1
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As a general rule, no formalities, except that a contract must be in writing, are required for a contract to be valid.
Frage 2
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Contracts for alienation of land must be in writing and signed by the parties or their agents acting on written instructions.
Frage 3
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An underlying principle of the law of contract namely, pacta sunt servanda is that agreements concluded should be enforceable.
Frage 4
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Supervening impossibility of performance refers to an instance when a voidable contract was concluded but due to an act of God/ State the continuation of performance has become impossible.
Frage 5
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Choose the 6 requirements for an offer and acceptance to be binding:
Antworten
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The offer and acceptance must be made with the intention of being bound
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The offer must be complete
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It must be clear and certain
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Express acceptance
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The offer must be addressed to a specific person or the general public
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The offer must be communicated
Frage 6
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Choose the requirements in order for duress to be present in the formation of a contract and to render such contract voidable:
Antworten
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There must be actual violence or damage or a threat of violence or damage which causes reasonable fear
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The threat must be imminent
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The threat must be unlawful
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A party to the contract must be responsible for the threat
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The threat must not cause the other party to conclude the contract
Frage 7
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Essentialia are terms automatically incorporated into the contract as implied terms, unless they are excluded by the parties to the particular contract.
Frage 8
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Naturalia are essential terms identify the contract as being a certain kind of contract, for example a contract of sale, employment, credit or lease.
Frage 9
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A condition is a contractual term that renders the operation of a contract and consequences of a contract dependent on the occurrence or non-occurrence or a specified uncertain future event.
Frage 10
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A suspensive time clause stipulates the duration of the contract, after which it ceases.