BLAW 2301 Lecture Notes - Lecture 19: Itt Inc., Quasi-Contract, Judicial Activism
Document Summary
Executory and executed contracts: executory some part of the contract still unfinished, executed everything of the contract that is finished. Only voidable by the party that lacked the capacity. Express and implied contracts: express contract the two parties explicitly state all important terms of their agreement. The vast majority of contracts are express contracts. Can be oral or written: implied contract the words and conduct of the parties indicate that they intent an agreement. Kid cuts grass and you pay him . Without saying he keeps doing and you keep paying him. Two remedies created by judicial activism: promissory estoppel and quasi- contract: there is not a contract in place**, the best way to distinguish the two remedies: In promissory estoppel cases, the defendant made a promise that the plaintiff relied on. Promissory estoppel: even when there is no contract, a plaintiff may use promissory estoppel to enforce the defendant"s promise if he can show that:
