LEGL 2700 Chapter 8: Contract Formation
17 Mar 2018
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262-277, case 9. 1, sidebar 9. 5: contract: a legally enforceable promise or an exchange of promises (entirely state law- not federal law, not all promises are legally enforceable (ex. There must be an exchange of value: each party must have the mental capacity to enter into a contract (ex. They are in the right mind, no mental illness or intoxicated, etc. : legality (it must be for some legal purpose) (ex. Gunton hires a hitman to kill someone, and hitman doesn"t fulfill the act, gunton can"t sue hitman) In these agreements, employees promise not to disclose certain things they learn during their employment. Implied-in-fact contracts: arise from the conduct of the parties rather than from words: montz v. pilgrim film & television, inc. Implied-in-fact agreements must contain the same elements as express contracts, including acceptance and consideration: when an agreement concerns an expressive idea (story, picture, or writing) courts must differentiate a copyright claim from a contract claim.
