Fox Racing Income

Ch. 9
Introduction to nail downs

distills exist to make business matters more predictable

juridical restraint- a court taking a passive utilization and requiring the parties to fulfill whatever obligations they agreed to, whether the deal was wise or foolish
discriminative restraint makes the law less flexible just now more predictable

Judicial activism- in contract law, this means that a court will ignore certain provisions of a contract, or an entire agreement, if the judge believes enforcing the deal would be unjust.
Judicial activism makes the law more flexible but less predictable.

a contract has 4 elements:

1. agreement: one party essential make a effectual offer, the separate must admit it. “meeting of the minds”.
2. Consideration: there has to be bargaining that leads to the convince between the parties
3. legality: the contract must be for a legal purpose
4. capacity: the parties must be adults of sound mind

Contract: a promise that the law will enforce

is it certain that the defendant promised to do something?
if she did promise, is it fair to make her honor her word?
if she did non promise, are there unusual reasons to hold her liable leastways?





NONCOMPETITION AGREEMENT: contract in which one party agrees not to compete with another in a stated typecast of business

BILATERAL CONTRACT: both parties make a promise

biased CONTRACT: one party makes a promise that the other party can accept only by doing something

get CONTRACT: the two parties explicitly state in all classic terms of their agreement

IMPLIED CONTRACT: the words and conduct of the parties indicate that they think an agreement

a contract is EXECUTORY when one or more parties has/ cave in not fulfilled their obligations

a contract is EXECUTED when all parties have fulfilled their obligations

VALID CONTRACT: a contract that satisfies all of the laws requirements

UNENFORCABLE CONTRACT: occurs when the parties intend to form a valid bargain, but a...If you want to get a full essay, regulate it on our website: Orderessay



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