Elements And Characteristics

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MindMap
timothyg778
Mind Map by timothyg778, updated more than 1 year ago
timothyg778
Created by timothyg778 over 9 years ago
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Resource summary

Elements And Characteristics
  1. Acceptance

    Annotations:

    • Accepting the offer.
    1. Benefits

      Annotations:

      • Something receive unexpected
      1. Bilateral

        Annotations:

        • Two Promises
        1. Capacity

          Annotations:

          • Enter into a contract 
          1. Consideration

            Annotations:

            • Benefits to an agreement
            1. Counteroffer

              Annotations:

              • changes made in an offer
              1. Death

                Annotations:

                • Dead!!!!!
                1. Detriments

                  Annotations:

                  • Any loss
                  1. Duress

                    Annotations:

                    • Overcoming by force
                    1. Economic Duress
                      1. Emancipation

                        Annotations:

                        • Parent child relationship
                        1. Express

                          Annotations:

                          • Contract statement that may be written oral
                          1. Firm Offer

                            Annotations:

                            • A written offer
                            1. Forbearance

                              Annotations:

                              • DOING WRONG!!!!!!!!
                              1. Fraudulent Misrepresentation

                                Annotations:

                                • party makes an untrue fact
                                1. Genuine Agreement (Assent)

                                  Annotations:

                                  • A valid offer has been made by the offeror
                                  1. Illusory Promises

                                    Annotations:

                                    • Allow escape from legal obligation
                                    1. Implied

                                      Annotations:

                                      • Contracts that come from about the action
                                      1. Insanity

                                        Annotations:

                                        • Offeror is crazy
                                        1. Legality

                                          Annotations:

                                          • Illegal Contract
                                          1. Mentally Incapcitated

                                            Annotations:

                                            • Lacking the ability to understand
                                            1. Mirror Image Rule

                                              Annotations:

                                              • Match exactly
                                              1. Mutual Mistake

                                                Annotations:

                                                • Both parties make a mistake
                                                1. Nominal Consideration

                                                  Annotations:

                                                  • Parties cannot or do wish to state the amount
                                                  1. Offer

                                                    Annotations:

                                                    • Proposal by one party to another with intent to create a legal binding agreement
                                                    1. Offeree

                                                      Annotations:

                                                      • person who receives an offer
                                                      1. Offeror

                                                        Annotations:

                                                        • person who makes the offer
                                                        1. Option

                                                          Annotations:

                                                          • giving the offeror something in return that has value
                                                          1. Oral

                                                            Annotations:

                                                            • Created by two or more people speaking to each other
                                                            1. Past Performation

                                                              Annotations:

                                                              • Act that has already been performed cannot be consideration in a contract
                                                              1. Price Fixing

                                                                Annotations:

                                                                • competitors agree on certain price ranges
                                                                1. Rejection

                                                                  Annotations:

                                                                  • Refusal by the offeree
                                                                  1. Restrictive Covenant

                                                                    Annotations:

                                                                    • agreement not to compete in a region for a period of time 
                                                                    1. Revocation

                                                                      Annotations:

                                                                      • Taking back of an offer by offeror
                                                                      1. Statute of Frauds

                                                                        Annotations:

                                                                        • Requires certain contracts to be in writing to be enforceable
                                                                        1. Unconscionable

                                                                          Annotations:

                                                                          • Unfair or oppressive that it would shock the conscience of the court
                                                                          1. Undue Influence

                                                                            Annotations:

                                                                            • Unfair and improper persuasive pressure within a relationship of trust
                                                                            1. Unenforceable Contract

                                                                              Annotations:

                                                                              • Contract that court will no unhold
                                                                              1. Unilateral

                                                                                Annotations:

                                                                                • Contains a promise by only one person to do something
                                                                                1. Unilateral Mistake

                                                                                  Annotations:

                                                                                  • An error on the part of one of the parties
                                                                                  1. Usury

                                                                                    Annotations:

                                                                                    • Charging to high of an interest rate
                                                                                    1. Valid Contract

                                                                                      Annotations:

                                                                                      • Includes all elements recognized by the court
                                                                                      1. Void Contract

                                                                                        Annotations:

                                                                                        • Without legal effect
                                                                                        1. Voidable Contract

                                                                                          Annotations:

                                                                                          • One or more parties can get out of an contract for some legal reason
                                                                                          1. Written

                                                                                            Annotations:

                                                                                            • Contract terms are written so that both parties know the exact terms
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