unit 7 the essentials of contract law suny criminal & business law/musolino
TRANSCRIPT
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UNIT 7
The Essentials of Contract Law
SUNY CRIMINAL & BUSINESS LAW/MUSOLINO
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Learning Objectives
1. Explain the three theories of contract law.
2. Identify the six elements of a contract.3. Explain the place of the UCC in contract
law.4. Distinguish contracts from other
agreements between different parties.5. Explain the concept of privity and
contract law.6. Explain the nature of valid, void,
voidable, and unenforceable contracts
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Learning Objectives
6. Contrast unilateral and bilateral contractual arrangements.
7. Outline the difference between express and implied contracts.
8. Discuss the difference between quasi-contracts and implied-in-fact contracts.
9. Differentiate between formal and informal contracts.
10. Explain how executory contracts differ from executed contracts.
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7-4
Question?
What is an agreement between two or more competent parties?
A. DealB. BondC. TreatyD. Contract
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The Basics of Contract Law
Contract – an agreement between two or
more competent parties, based on mutual promises, to do or refrain from doing some particular thing that is neither illegal nor impossible
– results in an obligation or a duty that can be enforced in a court of law
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7-6
Question?
What is the contracting party who makes a promise?
A. PromiseeB. PromisorC. ObligeeD. Obligor
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Question?
What is the contracting party to whom a party owes an obligation?
A. PromiseeB. PromisorC. ObligeeD. Obligor
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The Basics of Contract Law
Promisor – the contracting party who makes a promise
Promisee – the one to whom the promise is made is the
Obligor – the party who is obligated to deliver on a
promise or undertake some act of performance
Obligee– the contracting party to whom this party
owes an obligation
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The Objectives of Contract Law
The court’s goal in the remedy phase of a contract dispute is to place the injured party in as good a position as he or she would have been had the contract been carried out
Mitigation Punitive damages
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Question?
Which theory states that a contract will exist once all of the parties with the legal capacity to contract have actually accepted all obligations and benefits under the contract ?
A. Equal value theoryB. Equity theory C. Will theoryD. Judgment theory
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Three Theories of Contract Law
The will theory – a general principle of law that
states that a contract will exist once all of the parties with the legal capacity to contract have actually accepted all obligations and benefits under the contract and have exchanged, or promised to exchange, things of value
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Three Theories of Contract Law
The equal value theory or equity theory – insisted that a contract would
be valid only if the things exchanged were of equal value
– bartering
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Three Theories of Contract Law
If each element is present, then a contract exists, regardless of what the parties may argue after the fact
The formalist theory of contract law– the courts look to see if certain
elements exist– offer, acceptance, mutual, assent,
capacity, consideration, and legality.
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The Six Elements of a Contract
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Contracts and the UCC
The Uniform Commercial Code (UCC) is a unified set of statutes designed to govern almost all commercial transactions
Article 2 of the UCC sets down the rules that govern sale-of-goods contracts
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Contracts and Other Agreements
All contracts are agreements, but not all agreements are contracts.
To be enforceable, an agreement must conform to the law of contracts.
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Question?
When both parties have a legally recognized interest in the subject of the contract it is called ________.
A. PrivityB. JudgmentC. Contractual obligationD. Gordon defense
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Contracts and Privity
Privity– both parties have a legally
recognized interest in the subject of the contract if they are to be bound by it
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Contractual Characteristics
Valid contract – one that is legally binding and
fully enforceable by the courtVoid contract
– one that has no legal effect whatsoever
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Contractual Characteristics
Voidable contract – one that may be avoided or
canceled by one of the partiesUnenforceable contract
– one that, because of some rule of law, cannot be upheld by a court of law
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Question?
What type of contract is one in which both parties make promises?
A. Voided contractB. Unilateral contractC. Express contractD. Bilateral contract
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Contractual Characteristics
Unilateral contract – an agreement in which one party
makes a promise to do something in return for an act of some sort
Bilateral contract – one in which both parties make
promises Breach of contract
– occurs when one of the two parties fails to keep the promise
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Contractual Characteristics
Express contract – requires some sort of written or
spoken expression indicating a desire to enter the contractual relationship
Implied contract – created by the actions or
gestures of the parties involved in the transaction
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Contractual Characteristics
Informal contract – Any oral or written contract that is
not under seal or is not a contract of record
Formal contract – has to be (1) written; (2) signed,
witnessed, and placed under the seal of the parties; and (3) delivered
– Contract of record
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Contractual Characteristics
Executory contract – A contract that has not yet been
fully performed by the parties is called an
Executed contract – When a contract’s terms have
been completely and satisfactorily carried out by both parties