COMM 315 Study Guide - Final Guide: Aleatoricism, Lesion, Kijiji

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Document Summary

Definition of contract (1378): an agreement of wills where one person obligates themselves to a/several other people. Classification of contracts 1379 to 1384 characteristics of these contracts or mutually exclusive; is one contract, can"t be both of the same line. Adhesion/mutual agreement: adhesion non-negotiable: one party writes down all obligation, can"t negotiate with that party (it"s a yes or no). If you have a litigation & go to court, a judge is allowed to annul or reduce obligation in a contractual clause (if he considers the clause to be abusive) given it"s a contract of adhesion. The logic behind is that since you do not have the freedom to contract, the rules are different. Ex: software user agreement (windows" user agreement), it"s a contract which is non-negotiable: mutual agreement: have the capacity to contract that you negotiate; you have intellectual capacity to enter into a contract, freedom to contract.