Textbook Notes (368,651)
Canada (162,033)
York University (12,867)
ADMS 2610 (94)
Rudi Lof (11)
Chapter 7

ADMS 2610 Chapter 7: B.Law10th ppt notes Ch7

4 Pages
Unlock Document

Administrative Studies
ADMS 2610
Rudi Lof

CH 7 Historical development ➢ Elements of a valid contract  Intention to create Legal Relationship  Offer ▪ Nature ▪ Communication of an offer ▪ Lapse and Revocation  Acceptance  Consideration  Capacity  Legality  Introduction  Contract ➢ 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  Historical Development  Merchant law  Ecclesiastic law  Manor courts  17 century development of the bargain theory of contract  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  Requirements must be met for a contract to be enforceable by the Courts  Elements of a Valid Contract  Requirement of writing ➢ For certain contracts  Free of vitiating elements ➢ Mistake ➢ Misrepresentation ➢ Undue influence ➢ Duress  Intention  Contract ➢ Meeting of the minds (consensual agreement) ➢ Consensus to subject and object of the contract ➢ Essential element is a promise ▪ Party intended to be bound by promise made ➢ Intention is a presumption at law  Presumptions  Presumptions in contract law ➢ Strangers intend to be bound by their promises ➢ Family members and close friends do not intend to be bound in contracts ➢ Both are presumptions that can be rebutted  Invitation to do Business ➢ Advertisements are not offers ➢ Invite offers that seller may accept or reject  Intention of the Parties  Offer  Nature of an Offer  A tentative promise subject to a condition  Communication of an Offer  An offer must be communicated to the other party to be accepted  Cannot accept an offer you do not know of  Crossed offers – in the mail do not constitute a contract  Only person to whom offer is made may accept it.  Acceptance  Acceptance ➢ A statement or act given in response to and in accordance with an offer ➢ Acceptance must be communicated in the manner requested or implied by the offeror in the offer ▪ By words or conduct  Acceptance (Specific Rules)  Rules ➢ Offeror is master of their offer and can dictate form of acceptance ➢ If acceptance is to be by oral means ▪ Acceptance complete by either phone or direct speaking to offeror  Postal Rule  Acceptance by post ➢ Acceptance takes place when the letter, properly addressed and postage paid, is placed in the postbox ➢ Acceptance effective where placed in the postbox ➢ Governing law, unless otherwise stated, is the law of the place where the letter is posted ➢ Postal acceptance allowed even if not specifically stated if it is the normal or usual mode of acceptance  Other Modes of Acceptance  All other modes ➢ Acceptance not complete until offeror made aware of acceptance ▪ Until it reaches offeror ▪ Acceptance complete when and where received  Electronic Offer and Acceptance  Electronic documents covered by Federal law Personal Information Privacy and Electronic Documents Act  E-documents are deemed to be sent when they enter a system outside of the sender’s control , or when they become capable of being retrieved and processed by the addressee  E-contractors can opt out of statutory provisions in their “terms of use”  Location of the transaction – determining where contract is located is more diffic
More Less

Related notes for ADMS 2610

Log In


Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.