Fundamentals of Contract Formation and Validity Flashcards (16 cards)

All cards

1Question

Contract formation stages?

Answer

Becoming legally binding after agreement.

2Question

Offer vs invitation to treat?

Answer

Offer is proposal; invitation to treat invites offers.

3Question

Acceptance — form?

Answer

Unqualified agreement to an offer.

4Question

Counter-offer effect?

Answer

Rejects original offer, proposes new terms.

5Question

Timing clause — role?

Answer

Ensures contract performance within specified time.

6Question

Consideration — requirement?

Answer

Both parties must give something of value.

7Question

Promissory estoppel — purpose?

Answer

Prevents reneging on a promise without consideration.

8Question

Legal relations — element?

Answer

Parties intend legal enforceability.

9Question

Capacity — definition?

Answer

Parties must have legal ability to contract.

10Question

Formalities — purpose?

Answer

Ensure validity and enforceability of contracts.

11Question

Privity of contract — principle?

Answer

Only parties to a contract have rights and obligations.

12Question

Illegality — effect?

Answer

Can render a contract void.

13Question

Misrepresentation — requirement?

Answer

False statement of fact inducing contract.

14Question

Economic duress — impact?

Answer

Makes contract voidable due to coercion.

15Question

Undue influence — effect?

Answer

Contracts are voidable if obtained through abuse of power.

16Question

Void vs voidable?

Answer

Void contracts are invalid; voidable can be rescinded.

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1. What is a key feature of the privity of contract principle?

2. What does misrepresentation in contract law primarily involve?

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