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    Introduction To Law and The Legal System Study Guide

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    Melanie
    The document provides an overview of the history and development of American contract law from the early 1800s through modern times. It discusses key milestones like the Uniform Commercial Code and defines foundational concepts such as offer, acceptance, consideration, capacity, legality, and remedies for breach of contract. The text also examines requirements for a valid contract and scenarios that can render an agreement void, voidable, or unenforceable.

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    Introduction To Law and The Legal System Study Guide

    Uploaded by

    Melanie
    174 views3 pages
    The document provides an overview of the history and development of American contract law from the early 1800s through modern times. It discusses key milestones like the Uniform Commercial Code and defines foundational concepts such as offer, acceptance, consideration, capacity, legality, and remedies for breach of contract. The text also examines requirements for a valid contract and scenarios that can render an agreement void, voidable, or unenforceable.

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    Introduction to Law

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    Introduction to Law and the Legal System Study Guide

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    The document provides an overview of the history and development of American contract law from the early 1800s through modern times. It discusses key milestones like the Uniform Commercial Code and defines foundational concepts such as offer, acceptance, consideration, capacity, legality, and remedies for breach of contract. The text also examines requirements for a valid contract and scenarios that can render an agreement void, voidable, or unenforceable.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    174 views3 pages

    Introduction To Law and The Legal System Study Guide

    Uploaded by

    Melanie
    The document provides an overview of the history and development of American contract law from the early 1800s through modern times. It discusses key milestones like the Uniform Commercial Code and defines foundational concepts such as offer, acceptance, consideration, capacity, legality, and remedies for breach of contract. The text also examines requirements for a valid contract and scenarios that can render an agreement void, voidable, or unenforceable.

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    © All Rights Reserved
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    You are on page 1of 3

    Introduction to Law and the Legal System

    Author: Harold Grilliot

    Chapter 10: A BRIEF HISTORY OF AMERICAN CONTRACT LAW

    1) After reading this section, complete the milestones in Contract Law development:

    1. The early 1800s:


    2. 1848:
    3. By 1850:
    4. In the 1890s:
    5. 1942:

    Why is the Uniform Commercial Code (UCC) important? Why was it enacted?

    2) Define contract in the legal sense. Enumerate and explain the contractual requirements for a
    contract to be valid.

    3) What is a valid contract?

    4) What does a void contract lack? Does it have any legal effect?

    5) What is a voidable contract? Does it have any legal effect?

    6) What is an unenforceable contract?

    7) Define bilateral contracts and unilateral contracts. When do they come into existence?

    AGREEMENT

    8) Is the intention of the parties important in a contract? Why / why not?

    9) What is an offer and what are the requirements for an offer to become legally effective?

    10) How can an offer be terminated? Expand on each of the possibilities.

    11) How is acceptance defined? What are the legal requirements for an acceptance to be
    effective? Why does the author say that ‘an acceptance must be a “mirror image” of the offer’?

    REALITY OF CONSENT

    12) Contracts are void when no genuine assent exists because of:

    1. _____________
    2. _____________
    3. _____________
    4. _____________
    5. _____________

    13) How is duress defined and what are the three necessary elements for it to exist?

    14) What is the definition of undue influence? Does a confidential relationship render a contract
    voidable? Why / why not?

    15) What is the definition of fraud? What are the essential elements of actionable fraud?

    16) What is a material fact? When does misrepresentation take place? What is the difference
    between fraud and misrepresentation?

    17) What is the definition of mistake and what is its legal consequence?

    CONSIDERATION

    18) Does consideration only consist of an act or a promise to do an act? Explain.

    19) “Consideration must be legally sufficient.” (p. 13). What does it mean? What is the relationship
    between benefit and legal detriment?

    CAPACITY

    20) When is full contractual capacity present? Which are the classes with some kind of
    protection?

    21) How are minors protected in contract law? What’s disaffirmance? What form must it take?

    22) What’s ratification? When does it take place?

    23) What is the legal consequence for a contract if a person is judicially declared insane? And what
    about if the insane person has not been judicially declared insane?

    ILLEGALITY

    24) When is an agreement illegal and how does the court proceed if any party seeks to enforce
    the contract?

    25) When is a contract provision contrary to public policy?

    WRITING

    26) “Every state has statutes requiring that certain contracts be in writing to be enforceable”
    (p.24). What are the terms that must be shown?

    27) What kind of contracts do the statutes of frauds govern?

    ASPECTS OF CONTRACT PERFORMANCE


    28) What is the link between accord and satisfaction? Exemplify.

    29) What is anticipatory repudiation? How can the parties proceed?

    30) How is warranty defined? How are they classified?

    31) Give examples of possible ways of discharge.

    32) What do the parties do in a rescission?

    33) What is novation?

    34) What is the difference between assignment and delegation?

    35) When does a person become a done beneficiary or creditor beneficiary? As a third party, do
    they have the right to sue?

    36) What kind of conditions may be included in agreements? How are they linked to a party’s duty
    to perform?

    37) When does a breach of contract take place?

    REMEDIES FOR BREACH OF CONTRACT

    38) What kind of remedies can an injured party seek if there is a breach of contract?

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