Formation and Breach of Contracts

Elements of a Valid Contract:
- Offer: Clear proposal from one party to another.
- Acceptance: Unconditional agreement to the terms of the offer.
- Consideration: Something of value exchanged between parties.
- Intention to Create Legal Relations: Parties must intend for the agreement to be legally binding.
- Capacity: Parties must have the legal ability to contract (e.g., age, mental capacity).
Types of Contracts:
- Written Contracts: Formalized agreements documented in writing.
- Verbal Contracts: Oral agreements, enforceable under certain conditions.
- Implied Contracts: Formed by the behavior or circumstances of the parties.
Existence of Contracts:
- Legality of Object: Purpose of the contract must be lawful.
- Certainty: Terms must be sufficiently clear to be enforceable.

Definition: Failure of a party to fulfill their contractual obligations.
Types of Breaches:
- Actual Breach: Non-performance of a duty on the due date.
- Anticipatory Breach: One party indicates they will not fulfill their contract before the due date.
Factors Influencing Breach:
- Material vs. Minor Breach: A material breach significantly impacts contract fulfillment, while a minor breach does not.

Types of Remedies:
- Compensatory Damages: Monetary compensation for losses incurred due to breach.
- Consequential Damages: Indirect damages foreseeable from the breach.
- Liquidated Damages: Pre-agreed sum to be paid upon breach specified in the contract.
- Specific Performance: Court order requiring the breaching party to fulfill their contractual obligations.
- Rescission: Contract is canceled, and parties are restored to their original positions prior to the contract.
Limitations on Remedies:
- Damages must be foreseeable and quantifiable.
- Mitigation of damages: Non-breaching party has a duty to minimize losses.
Equitable Remedies: Available when financial compensation is inadequate (e.g., specific performance, injunctions).

Contracts can be categorized based on their form and how they are formed:
- Written Contracts: These are formal agreements documented in writing, providing clear evidence of the terms.
- Verbal Contracts: These are oral agreements and can be legally enforceable under certain conditions.
- Implied Contracts: These arise from the behavior or circumstances of the parties, rather than explicit written or spoken terms.

For a contract to be valid, certain additional conditions must be met:
- Legality of Object: The purpose of the contract must be lawful and not against public policy.
- Certainty: Terms must be clear, complete, and definite enough to be enforceable.

When a party fails to fulfill their contractual obligations, it's considered a breach of contract.
There are different types of breaches:
- Actual Breach: Occurs when a party fails to perform their contractual obligations on the agreed-upon date.
- Anticipatory Breach: Occurs when a party indicates their intention to not fulfill their obligations before the due date.

The severity of a breach can be categorized:
- Material Breach: This is a significant breach that substantially affects the contract's purpose.
- Minor Breach: This is a less serious breach that does not significantly impact the contract's purpose.

When a breach occurs, the non-breaching party may be entitled to remedies to compensate for their losses.
Common remedies include:
- Compensatory Damages: Monetary compensation for losses directly caused by the breach.
- Consequential Damages: Compensation for foreseeable indirect losses resulting from the breach.
- Liquidated Damages: A pre-agreed sum to be paid in case of breach, specified in the contract.
- Specific Performance: A court order requiring the breaching party to fulfill their contractual obligations.
- Rescission: Cancellation of the contract, returning both parties to their original positions.

Certain limitations apply to remedies for breach:
- Damages must be foreseeable and quantifiable.
- The non-breaching party has a duty to mitigate damages (minimize their losses).

When financial compensation is insufficient, a court may grant equitable remedies:
- Specific performance: A court order requiring the breaching party to fulfill their contractual obligations.
- Injunctions: Court orders prohibiting specific actions to prevent further harm or enforce a contract.

A contract is a legally binding agreement between two or more parties.
To be valid, a contract must have six key elements: offer, acceptance, consideration, capacity, legality, and intent.
An offer is a proposal by one party to another.
An acceptance is an unconditional agreement to the terms of the offer.
Consideration is something of value exchanged between the parties, which can be a promise, an act, or a forbearance (refraining from doing something).
The parties must have the capacity to enter into a contract which means they must be of legal age, sound mind, and not under duress.
The legality element means the contract's purpose must be lawful and not violate any laws or public policy.
Contracts can be bilateral (both parties exchange promises) or unilateral (one party makes a promise in exchange for an act).
Contracts can be express (terms are explicitly stated) or implied (terms inferred from actions or circumstances).
Certain contracts, such as those involving the sale of property, must be in writing.
Oral contracts are generally enforceable unless specifically stated otherwise by law.

Breach of contract occurs when one party fails to fulfill their contractual obligations.
A minor breach occurs when non-essential terms are not met, but the aggrieved party must still perform their obligations, while a material breach is a significant failure that undermines the contract's purpose, allowing the aggrieved party to cease performance and seek remedies.
An anticipatory breach occurs when a party indicates before the due date that they will not perform their obligations.
Consequences of breach include a legal obligation to compensate the injured party.

The main types of remedies for breach of contract are damages (monetary compensation for losses incurred), specific performance (court orders the breaching party to fulfill their contractual obligations), injunction (a court order preventing a party from doing something that violates the contract), and rescission (termination of the contract, returning parties to their pre-contractual position).
Compensatory damages cover actual loss from the breach, while consequential damages cover indirect losses caused by the breach, and punitive damages (rare) are imposed to punish wrongful conduct.