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

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pucewildebeest131

9 Aug 2012

School

York University

Department

Administrative Studies

Course

ADMS 2610

Professor

Robert Levine

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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.

Related Questions

A contract (Points : 3)

must be in writing tobe an enforceable contract.
is an agreement thatcreates enforceable rights and obligations.
is enforceable if eachparty can unilaterally terminate the contract.
does not need to havecommercial substance.

erintermite613

Describe an example of a contract that you or someone you know entered into (for example, rental agreement, cell phone agreement, property purchase or leaseï¿½car, home, furniture, etc.; home or car repair, student loan agreement). In your description, be sure to provide specific contractual details including parties and subject matter involved. You must also address the following:

Describe the five essential elements of an enforceable contract, and give an example of each element from the selected contract.

Explain whether or not the contract was fulfilled. If not, discuss at least one available breach remedy.

True or False:

1. The Uniform Commercial Code is more flexible than common law.

2. Where there is a unilateral contract, there is no enforceable contract until the offeree performs the action requested by the offeror.

3. A contract is an implied contract when the parties directly state the contract terms at the time the contract is formed.

4. (Please Note: There may be more than one correct answer)

Jerry's Juice Joint verbally sends Mango Mart an order for 20 cases of mangos at $100 per case. Mango Mart sends Jerry's Juice Joint an acknowledgment form accepting the order. Using the concepts discussed in this chapter, identify the type of contract between Jerry's and Mango Mart.

	a.	The parties are merchants.
	b.	The agreement is governed by the UCC.
	c.	The contract is executory until Mango Mart delivers the goods and Jerry's Juice Joint pays for them.
	d.	The parties have formed a valid, express, bilateral contract.

5. Which of the following is correct concerning the definition of "merchant" by the UCC?

	a.	It deals only with non-professional sellers.
	b.	It always imposes the same standard on merchants and non-merchants.
	c.	It regards everyone covered by the UCC as a merchant.
	d.	It sometimes imposes a higher standard of behavior on merchants than non-merchants.

6. Ben makes an agreement with Seth which requires Seth to steal Professor Thomas' laptop computer so that Ben will have access to the homework and tests for his business classes. The agreement between Ben and Seth is a ___________ contract.

	a.	voidable
	b.	void
	c.	valid
	d.	enforceable

7. Justin is 15 years old. He goes to a T-Mobile store and enters into a cellphone contract. The agreement is:

	a.	executed.
	b.	voidable.
	c.	unilateral.
	d.	void.

blackgoose704

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

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