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

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Published on 9 Aug 2012
School
York University
Department
Administrative Studies
Course
ADMS 2610
Professor
ADMS2610
Session 2
Chapter 7 (pg. 120-135)
Law of Contract
Contract
- 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
o Create own laws that they are obliged to follow
Historical Development of the Law of Contract
- Is essentially an area of law relating to business transactions
- Merchant Law
o Decline of the feudal system
- Ecclesiastic Law
o Disputes arising out of informal contracts or agreements of a breach
of a solemn promise
- Manor Courts
o Handled minor cases (breach of contract)
o Damages were sometimes awarded for breach of the promise
- 17th century development of the bargain theory of contract
o Each party to the agreement derived some benefit from the agreement
in return for a promise to do or give something in return
Formed the basis of contract law
Elements of a Valid Contract
- Requirements must be met for a contract to be enforceable by the courts
- (1) An intention to create a legal relationship
- (2) Offer
- (3) Acceptance
- (4) Consideration
- (5) Capacity to contract
- (6) Legality
- 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
- Intention to be bound (the assumption at law that strangers intend to be
bound by their promises)
Intention to Create a Legal Relationship
- Concept of a contract is based on the meeting of two parties minds on the
terms and conditions that will form their agreement with each other
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o Each will agree to do or not to do certain things in return for the
promise of the other to do something
- Essential element is a promise
o Consensus ad idem (agreement as to the subject or object of the
contract)
o Parties must be of one mind and their promises must relate to that
subject or object
o Promise begins this process
- First requirement for a valid contract must be the intention on the part of the
promisor to be bound by the promise made
o This intention to create a legal relationship is an essential element of a
valid contract
- Intention to create a legal relationship is a presumption at law
o Creation of the intention would be difficult to prove
o This presumes that the party intended to be bound by the promise
shifts the burden to prove otherwise, if the intention did not exist
o If intention is denied, courts will use the conduct of the party at the
time that the statements were made as a test and asses such conduct
and statements from the point of view of the “reasonable person”
- Presumptions in Contract Law
o Strangers intend to be bound by their promises
o Family members and close friends do not intend to be bound in
contracts
o Both are presumptions that can be rebutted
- Invitation to do Business
o Advertisements are not offers
o Invite offers that seller may accept or reject
Example: displays of goods in a self-serve shop was not an
offer to sell the goods to the patron of the shop but a invitation
to the public to examine the goods and if the patron desired, to
offer to purchase the goods
Offer
- Nature of an Offer
o The tentative promise made subject to a condition is not binding on
the offering party (promsior or offeror) until the proposal is accepted
o It is only valid when acceptance takes place that the parties may be
bound by the agreement
o Offer is the second element of a valid contract
- Communication of an Offer
o Offer (a tentative promise subject to a condition)
o Am offer must be communicated to the other party to be accepted
o Cannot accept an offer you do not know of
o Crossed offers in the mail do not constitute a contract
o Only person to whom offer is made may accept it
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Document Summary

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. Elements of a valid contract (1) an intention to create a legal relationship (2) offer (3) acceptance (4) consideration (5) capacity to contract (6) legality.

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