APSC 450 Study Guide - Lake Manitoba, Howe Sound, Rescission
Document Summary
Engineering contracts: professional services, employment, goods and services. Contract law: elements of valid contract, intention to create legal relationship, offer, acceptance, consideration, capacity to contract, legality, form, enforceability, privity, performance / discharge, breach. Intention to create legal relations: promise is essential to a contract but not all promises are enforceable. Intention to be bound separates gratuitous promises from legally binding promises. Intention is presumed, except when the circumstances dictate otherwise. Offer: conditional promise by offeror, not valid until communicated to offeree, not binding until condition accepted by offeree, open until accepted /lapsed /revoked. Wardrop v. lake manitoba band 2002 mbqb 319: must be unconditional (or counteroffer) Consideration: bargain theory requires that something be given for something in return. The somethings are termed consideration : money, a service, a promise to do something, a promise not to do something, a relinquishment of some right. No/limited capacity to contract: minor / infant, drunken / insane persons, corporations may have limited capacity.
