Philosophy 2080 Lecture Notes - Situation Two, Meeting Of The Minds, Fax
Document Summary
Chapter 6 (7th edition)/chapter 7 (8th edition)- introduction to the legal relationship. In general: in contract law parties attempt to create their own legal rights and obligations. In tort law, rights and obligations are imposed based on a judgment about conduct. A contract is an attempt to make an agreement that the courts will recognize as legally enforceable. The presumption is that individuals are free to agree to do what they please. There are still important elements to establish before an agreement becomes a legally enforceable agreement, in other words, a contract. A contract is not a piece of paper. Simply stated, a contract is an agreement that is legally enforceable. Some like to discuss the creation of a valid contract, but this word valid (and. I thank professor bruce welling for this observation) is redundant. A contract by definition is a legally enforceable agreement, if it is not legally binding, it is not a contract.