an agmt btw 2 or more persons to do or not do something.

corporate persons also can enter into contracts
voluntary agreements.
to do or not do something.
promise not to do something as wel
seventy feet to the front lot line
one valid contract
question about definition
divide contracts into classification
express or implied

in RE stated in words and in writing expressed

implied means understood not stated in words
conduct or the law
implied in fact

conduct
implied via conduct purchase transactions
implied in law
quasi contract figment of imagination.
invent it to prevent an unjust enrichment
pretend where there really is not
one way
evidentiary rules for proof
bilateral
or unilateral

two promises bilateral
typical promise in exchange for a promise
binding contract

void contracts minor, mental, drunk
capacity problem
at option of the innocent person
executory
crim---death
contracts---performed promise
real estate signed deed executed deed

capacity for contract
twenty one contract
age
18 california
capacity

best acceptance.
i accept
i accept
mirror.
counteroffer is a form of rejection
reelaborate

offers
bluebook

all the tea in china
counteroffer terminates the offer
it might be mean but i know the law

by lapse of time
do not specify when it terminates
depends on facts
revocation prior to acceptance

too late to revoke
unilateral terminate acceptance
mutual mistake as fact
terminates contract at option of either
illegal blockbusting
consent thru fear
contract voidable

undue influence tough to prove
simply allege as fiduciary you prove no---guilty til proven innocent
capacity and future consent
bargain for exchange---too much too little---time enter into contract!!!

courts not to get you out of bad contracts
bus decisions
stocks
choice
no undue influence in fidu relationship

adequacy
equitable remedies
two categories

remedies

equity specific performance
jail or any other remedy
was consideration fair
money damages

resell

consideration

adequacy in equity (church)

only sufficiency in remedy in law

old english contracts

basics of consideration
then those are the four elements avail. for contract
implied in fact contract
implied in law
some expressed in writing


statute of frauds
statute of writings to prevent fraud 16th century

tougher to prove an oral contract than
conduct constitutes contract
companion rule
parole evidence rule

from french parole to speak

if in writing then oral b4 or same time stmts not admissible
we negotiate presumption is
same time as in contract

if it were otherwise
checklist sat of frauds satisfied
subsequent stmt
b4 or at same time
or made concurrently
parole

preprinted
handwritten conveys current intent not yesterday
pure memorization of thought idea

TOE--time is of the essense

increases time requ.
so not in breach.
contracts notoriously slow to perform.

not have to be on writing
a year and a day
landlord writing
you the tenant
tenant sues for breach

statute of frauds
not a contract
lease is a form of contract
a relationship but no written contract

capacity mut consent off accept
legality consideration
memorandum compliant with stat of frauds


no defenses duress undue influence
risk breach

best is full performance
contract breached leaky roof
breach is the worst  way
if breach ct will sue and court of law or more often money damages
dont care about adequacy of consideration

little dicey minus what to complete it
if it is not partial performance

impossibility objectively impossible
every ct would honor
contract scenarios destruction of subject matter

discharge by operation of the law
bankruptcy
puts property into another category under fed BK code
sell assets then
remedy breach
back up offer
accept breach
unilateral recission
cannot terminate

ct will order a recission bc of recission.
usual remedy for actual damages.
we dont care about adequacy and specific remedy
sign the deed
powerful remedy
all elements of specific performance.
TOE--tot operat expense

voidable
option of the innocent person