Chapter 11

A declaration by a person (the promisor) to do or not to do a certain act. As a result, the person to whom it is made (the promisee) has a right to expect or demand that something either will or will not happen in the future.

The person making the promise.

The person to whom the promise is made.

A promise or a set of promises for the breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty.

AKA, an agreement that can be enforced in court.

In contract law, intent is determined by this..., not by the personal or subjective intent, belief, of a party.

The party making the offer.

The party to whom the offer is made.

If the offeree can accept simply by promising to perform, it is this.

AKA "a promise for a promise".

If the offer is phrased so that the offeree can accept the offer only by completing the contract performance, it is this.

AKA "a promise for an act".

Contracts that require a special form or method of creation (formation) to be enforceable.

Includes all other contracts that do not required a special form or method of creation (formation) to be enforceable.

The terms of the agreement are fully and explicitly stated in words, oral or written.

A contract that is implied from the conduct of the parties.

A contract that has been fully performed on both sides is this.

A contract that has not been fully performed by the parties is called this.

A contract that has the elements necessary to entitle at least one of the parties to enforce it in court. Those elements consist of:
1. An agreement
2. Supported by legally sufficient consideration
3. Made by parties who have the legal capacity to enter into the contract
4. For a legal purpose

A valid contract but one that can be avoided at the option of one or both of the parties. The party having the option can elect either to avoid any duty to perform or to ratify (make valid) the contract.

A contract that cannot be enforced because of certain legal defenses against it (a statute or law).

This is no contract at all. None of the parties have any legal obligations.

Not actual contracts. They are fictional contracts that courts can impose on the parties "as if" the parties had entered into an actual contract.

Any evidence not contained in the document itself-such as the testimony of parties and witnesses, additional agreements or communications, or other relevant information.