ADMS 2610 Lecture Notes - Consumer Protection, Canon Law, Meeting Of The Minds

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Is an agreement made between two or more persons that is enforceable at law. Freedom of contract, the general ability of the parties to create specific rights and duties that the courts will enforce: create own laws that they are obliged to follow. Is essentially an area of law relating to business transactions. Merchant law: decline of the feudal system. Ecclesiastic law: disputes arising out of informal contracts or agreements of a breach of a solemn promise. Manor courts: handled minor cases (breach of contract, damages were sometimes awarded for breach of the promise. 17th century development of the bargain theory of contract: each party to the agreement derived some benefit from the agreement in return for a promise to do or give something in return. Certain types of contracts must be in writing. Needs these six elements in order to be valid and binding. Must be free from any form of mistake or misrepresentation or undue influence or duress.

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