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CONTRACT Lecture Notes.docx

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Department
Philosophy
Course
Philosophy 2080
Professor
James Hildebrand
Semester
Fall

Description
October 30 2013 CONTRACT LAW Tort law was a judgement on activity based on them doing something wrong justifying them having to pay moneyIt is a social judgementContract law is law where people dont just acquire a right or obligation not utilitarianPeople decide for themselvesA contract includes Bindinglegally enforceablebinding Trade A contract is a legally enforceable agreementThe vast majority of contracts are not in writing purchasing things simple contractsbinding even if they arent in writingThose in writing are called formal contracts in interest in land since it is so fundamental and importantCell phone contractsSTANDARD FORM CONTRACT and they have a number of problemsarent made to be readnot understoodwhy are they paying third partiesYou cant just put a contract on people you must agree to it fraudIt is a redundancy to say valid contractElements of a contract 1 Intention to create legal relationsFamily members can get out of it 2 Offerofferorthe person who makes the offerMust be an offer and acceptanceCan occur before the actual transaction takes place buying a house 3 AcceptanceOffereethe person who makes the acceptanceAcceptance must be communicated 4 Consideration Anything of value that the law recognizes as value is the subject matter of the contract the thing that is exchangedCan be a benefit given or a detriment sufferedPast consideration is no consideration If its something you already did you cant agree to it it must be concurrentSufficiencyCourts will not look at the adequacy how much you paid what kind of bargainConsensus ad idemmeeting of the minds about all of these things 5 CapacityTo successfully to create a binding agreement you need capacityMust have mental capacityMinors can enforce a contract but others cant enforce a contract to a minor except for necessaries 6 LegalityNature of the contract and the subject matter of the contract has to be legal Specific Performancecontract law can make them do what they said they were going to dospecifically perform their obligation on the contractcant do this in personal serviceEquityused to have to establish that the common law was unjust or inadequate had to convince the court that money was inadequate common law acts on property and things rules of equity acts on persons consumer protection actreview Carlill v Carbolic Smoke BallLate 1800sWomen reads an ad in the paper on how to avoid getting the fluSays they would pay 100 pounds if you did get sickSo she used the product and got sickShe sued in contract she bought the product at the drug store though not from the person who made it or made the adHard to prove the legal relationshipDefencethis is like a bet around getting sick or not gambling is against the lawturning the into an insurer didnt have a license for insuringnever made an offer and acceptance to her o was never communicated didnt know there was a mutual obligation o BUT the way they presented the offer implied that they didnt need this she performed her obligations under the contractShe never directly paid them money didnt move from promise to promisor o BUT she suffered a detriment based on what she was promised and gave them a benefitDidnt really mean what the ad said it was mere pufferymade a claim they werent sincere about This case has everything in itteacher really likes itNovember 6 2013Fried EssayContract as a Promise What underlies a contract is the promise Promisefree will Bargain Theory will look more like tort law after judging actions surrounding the bargaincourt is trying to make things fair kinda like tort law but ppl decide for themselves what the terms of contract are Contract is a legally enforceable promiseThe state can enforce itBUT some contracts are not enforceable since they violate the social policy agendaALSO the state can intervene and control some contracts such as pets are actually allowed under the tenancy actContortwhen you sue under contract you are just suing for a Benefitthey screwed up so I want moneyDetrimental relianceI relied on you and lost money so now the court should give me money damages award aka negligence representationUnder contract we expect them to obey it is a conventionWe wouldnt be able to do this with confidence if we didnt trust the institution of promisecannot just be about economics
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