The agreement must have certain and definite terms.
The necessary formalities must be observed. The agreement must be lawful. The contractual obligations must be possible of performance.
What three requirements must an offer fulfill?
Offers at common law required three elements:
communication, commitment and definite terms
.
What are the three theories of contract law?
Theories of contract law fall into three basic categories:
formalist, interpretive, and normative
.
What is mean by Expedition theory?
Expedition theory
Contract is complete the moment the offeree does the action necessary to communicate his acceptance
. Whether it has come to the notice of the offeror or not, is immaterial. 13. Reception theory Contract is complete the moment the acceptance is received by the offeror.
What are the three requirements to Fulfil the expedition theory?
The agreement must have certain and definite terms.
The necessary formalities must be observed. The agreement must be lawful. The contractual obligations must be possible of performance.
What are the 4 requirements for a valid contract?
The basic elements required for the agreement to be a legally enforceable contract are:
mutual assent, expressed by a valid offer and acceptance; adequate consideration; capacity; and legality
.
What are the five requirements for a valid contract?
The five requirements for creating a valid contract are
an offer, acceptance, consideration, competency and legal intent
.
What are the two conditions that must be met for an acceptance to be valid?
An acceptance is valid only if the offeree knows of the offer;
the offeree manifests an intention to accept
; the acceptance is unequivocal and unconditional; and the acceptance is manifested according to the terms of the offer.
What are the five ways that an offer comes to an end?
The law recognizes seven ways by which the offer can expire (besides
acceptance
, of course): revocation, rejection by the offeree, counteroffer, acceptance with counteroffer, lapse of time, death or insanity of a person or destruction of an essential term, and illegality.
What are the characteristics of a valid offer?
- (1) The offer must be Communicated.
- (2)Terms of the offer must be clear and definite.
- (3)Must create a legal relationship.
- (1) Must be unconditional and absolute.
- (2) Must be expressed in some usual and reasonable manner.
What are the 3 types of contracts?
- Fixed-price contracts.
- Cost-plus contracts.
- Time and materials contracts.
What is the bargain theory of contract?
One of the early theories of contract law was developed in the late 1800s and early 1900s: the bargain theory of contracts. The bargain theory
determined what promises would be held to be legally binding
. The theory was: A promise should be enforced if it was given in a bargain, otherwise it should not.
What are the theories of contract?
Contract theory is
the study of how people and organizations construct and develop legal agreements
. It analyzes how parties with conflicting interests build formal and informal contracts, even tenancy.
What is the reliance theory?
1.7.3 Reliance theory. According to this theory as it is applied in the context of dissensus,
a contract is based on the intention of one party to an agreement and the reasonable impression or reliance on his part that the other party had the same intention
.
What is offeree?
The offeror is the party who makes the offer. The offeree is
the person who either accepts or does not accept the offer
.
What is the will theory?
The Will Theory requires that
a right-holder has control over the duty that correlates to her right
. This means that “potential rightholders [are] only those beings that have certain capacities: the capacities to exercise powers to alter the duties of others” (Wenar 2005, 239).
