Implied Contract: Capacity

Rebuttable
-------------------------------------Contract
agreement which legally binds the parties
agreement which give rise to social obligation is not a contract
Implied Contract
a peron get into a bus , it's his implied duity to buy ticket
The essentials of a contract

1.
2.
3.
4.
Offer And Acceptance

Consideration
Intention To Enter Into Legal Relations
Capacity and Legality
Other element to validate a Contract
Capacity
Minors cannot enter into contracts
Mental capacity or who were intoxicated
Form.
Some contracts must be made in a particular form.
such as writing.
Content.terms enters into a contract
some terms don't express may be implied

some terms may be express but overridden by statu
Legality.
Form of a contract
some contracts must be in writting form
Contracts by deed
sometimes referred to as a specialty
contracs
*must be in writing and it must be signed

*Delivery must take place
These contracts mustbe by deed.
i.
ii.
iii.
Leases for three years or more

transfer of a legal estate
promise not supported by consideration
Contracts which must be in writing

i.
ii.
iii.
transfer of shares in a limited company

Consumer credit contracts
Bills of exchange and cheques
Offer
is a definite promise to be bound on specific terms
Supply of information
*A statement which sets out possible termsof a contract is not
an offer unless this is clearly indicated
*If in the course of negotiations for a sale ($900 not $1000) is

an offer
A statement of intention
event such as an auction is not an offer to sell. This is an
example of a statement of intention
An invitation to treat
An indication that a person is prepared
to receive offers
I.
II.
III.
IV.
V.
Auction sales
Advertisements
price lists
Exhibition
An invitation for tenders
Exhibition of goods for sale

Displaying goods in a shop window, or on the open shelves of a
self-service shop, or advertising goods for sale, are normally
invitations to trea
Invitation for tenders
Termination of offer
Rejection
Counter-offer
Request for information
an offer
Lapse of time
can not be termination of
offer time end
Revocation of an offer
*The offeror may revoke their offer at any time before
acceptance.
* for a specified time they may still revoke it within that time
*The letter of revocation could not take effect until received
Termination by death
Acceptance
*Acceptance is generally not effective until communicated to
the offeror
*except where the 'postal rule' applies.
In which case acceptance is complete and effective as soon as it
is posted
Silence
There must be some acton the part of the offeree to indicate
their acceptance.
Acceptance 'subject to contract'

means that the offeree is agreeable to the terms of the offer but
proposes
that the parties should negotiate a formal contract
Letters of intent
Letters of intentare an indication by one party to another that they may place a
contract with them.
Collateral contracts
*these are three parties relationsips agreements
*
where consideration is provided by the making of
another contract
*there is no clear offer and acceptace in these cases
Unilateral Contract
*one party makes a promis and other party has to perform some
actions
*no revocation once offer has been mad
Consideration
*If consideration is past then it is not
enforceable.
Valid consideration
executed Consideration
is an act in return for a promise
Executory consideration
is a promise given for a promise.
Additional rules for valid consideration

Performance must be legal,
Performance must be possible
Consideration must be sufficient but not necessarily adequate

Consideration must pass from the promisee
Past consideration
*which has already been done at the time the promise is made
*Past consideration is sufficient to create liability on a bill of
exchange(such as a cheque) Most cheques are issued to pay
existing debts
Future Consideration
if there is an existing contractand one party makes a further
promise, no contract will arise
Adequacy and sufficiency of

consideration
not need to equal in value
has some identifiable value
Performance of existing contractual

duties
*Performance of an existing obligation imposed by statuteis no
consideration f
*But if some extra serviceis given that is sufficient consideration.
Promise of additional reward

*In performing their existing contractual duties the crew gave no
consideration
*If there is already a contract between A and B, and B promises

additional rewardto A if they (A) perform their existing duties,
there is no consideration from A to make that promise binding.
*If a claimant does more than perform an existing contractual
duty, this may amount to consideration.
Promissory estoppel
It means that in some cases where someone has made a promise
they can be prevented from denying it.
Intention to create legal relations

*An agreement will only become a legally binding contract if the
parties intend this to be so
Domestic arrangements
Husband and wife
*can enter into a binding contract
Relatives
Other domestic arrangements
who have a close relationshipof some form
*granddaughter and the claimant, a paying boarder, took part
together each
week in a competition
Commercial agreements
Privity of contract
As a general rule, only a person who is a party to a contract has
enforceable rights or obligations under it
if a buy from b and give it to c then has no legal right as he did
not pay any consideration++
Refusal to perform (renunciation)

party shows an intention not to perform his contractual obligation
s.

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Rebuttable

The essentials of a contract

Offer And Acceptance

Other element to validate a Contract

Content.terms enters into a contract

some terms don't express may be implied

sometimes referred to as a specialty

*must be in writing and it must be signed

Leases for three years or more

Contracts which must be in writing

transfer of shares in a limited company

*If in the course of negotiations for a sale ($900 not $1000) is

An indication that a person is prepared

Exhibition of goods for sale

Invitation for tenders

can not be termination of

offer time end

Acceptance 'subject to contract'

Additional rules for valid consideration

Consideration must be sufficient but not necessarily adequate

Adequacy and sufficiency of

Performance of existing contractual

Promise of additional reward

*If there is already a contract between A and B, and B promises

Intention to create legal relations

Refusal to perform (renunciation)

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