Contract Law Study Notes

A contract where both parties make promises to each other. For example, A promises to pay B for B's work.

An offer is rejected when the offeree changes the terms of the offer. The new offer replaces the original one.

An agreement that is considered valid and legally binding, even though it was not written down. It is based on actions and circumstances.

A contract that is not legally enforceable due to a lack of a required written form. For example, some contracts involving land must be written.

A contract that is formed not by an agreement but by the courts. It is used to prevent injustice when one party benefits unfairly from another's actions.

An offer is valid for a reasonable time period unless a specific time is stated in the offer. This depends on the nature of the offer and the circumstances.

A contract is formed when the offeree accepts the offer and the acceptance is communicated to the offeror. The contract is formed when the acceptance is sent, not when its received.

An offer cannot be revoked if the offeree has already accepted the offer. Acceptance can be communicated by any means.

A legal doctrine that prevents a party from going back on a promise that they made, even if there was no legally binding contract in place. It's about protecting a person who relied on that promise, even if the promise was not legally binding.

An acceptance of an offer is only effective when it reaches the offeror. So, if an offeree uses an inappropriate method (wrong address, etc.), the acceptance is valid only when the offeror actually receives it.

A contract that keeps an offer open for a specific period of time. In exchange for this, the offeree provides something of value to the offeror.

Something of value exchanged between parties in a contract. It can be a tangible item, a service, a promise, or even a forbearance (refraining from doing something).

An act that has already been performed or a duty that was already legally required. This doesn't count as valid consideration for a new contract or promise.

A legal concept that requires that a promise be supported by something of value, known as "consideration." It prevents people from enforcing promises made without any real commitment.

This privilege protects communications between a lawyer and their client from being disclosed in legal proceedings. It encourages open communication and allows clients to freely share information with their legal counsel.

This rule establishes that an offer is accepted when the acceptance is sent, not when it is received. So, it protects the offeree who sends the acceptance, as the contract is formed at the moment of sending, even if the offeror doesn't receive it yet.

A court's authority to hear a specific case and make legally binding decisions. It's determined by factors like the location of the parties, the subject matter of the dispute, and the type of dispute.

Provides compensation to the injured party for the actual losses they have suffered as a result of the wrongful act. It aims to restore the injured party to their position before the harm occurred.

The court's power to review the decisions of lower courts in the legal system. Decisions made by higher courts are binding on lower courts in their jurisdiction.

To prove "actual malice" in defamation cases against public officials, the plaintiff must show the defendant acted with knowledge that the statement was false or with reckless disregard for the truth.

For a plaintiff to assume the risk of danger, they must fully understand the inherent risk and its severity.

Touching someone in a way that would be considered offensive to a reasonable person constitutes battery, even without the intent to harm.

Strict scrutiny requires the government to prove a compelling government interest and that the law is narrowly tailored to achieve that interest.

When the government takes private property for public use, they must pay the owner fair market value for the property.

In a criminal trial, the prosecution must prove the defendant's guilt beyond a reasonable doubt. This means the evidence must be so strong that there is no reasonable doubt that the defendant committed the crime.

A person who negligently causes harm to another is responsible for the harm caused to that person, as well as the harm caused to anyone who attempts to aid the injured person.

Assault is an intentional act that causes a reasonable person to fear an imminent harmful or offensive contact. Battery is the actual harmful or offensive contact itself. In this scenario, Lonnie did not cause Bill to fear an imminent harmful or offensive contact due to his unawareness, therefore neither assault nor battery occurred.

Truth is a complete defense to defamation. If a statement is true, it cannot be considered defamatory, even if it is harmful to the reputation of the person being spoken about.

Criminal law focuses on breaches of duty to society at large, while civil law deals with wrongs against individuals. This means that criminal law aims to protect the interests of society, while civil law focuses on resolving disputes between individuals.

Laws designed to protect the public from harm or wrongdoing. They set standards and regulations for specific industries or activities.

Things that are considered essential for a minor's well-being, based on their age, social status, and circumstances. These can include food, clothing, shelter, education, and healthcare.

When someone makes a false statement of fact, intending to deceive another person, leading that person to act to their detriment, and causing actual harm. This is a type of fraud that can be used to justify the rescission of a contract or the recovery of damages.