LAW 3220 Lecture Notes - Lecture 10: Severability, Quasi-Contract, Summary Judgment
Document Summary
Contract law: provides mechanism to deal with others. Freedom of contract: responsibilities to those who create legally binding relationships. Express contract: direct statement by the parties of the promises made. Implied contract: actions and circumstances infer and define the terms of the contract. Consideration: legal pain; mutual exchange of promises. Legality: only can relate to legal transactions. Counteroffer: reject original offer but keep negotiations open by presenting new conditions. Death or insanity of offeror or offeree. Must be mirror image of the offer. If conditions are added, they create a counteroffer. Case: certified fire protection v. precision construction. General contractor included design and install of fire sprinkler system. Sub submitted drawings but objected to terms in contract. General ended relationship, sub sued for breach of contract. Trial court held for general contractor- no contract existed. Sub argued that progress bill it sent established the price term. Only useful to one company, not other installer.
