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Formation of Contracts (What is a contract? (Ingredients for a binding…
Formation of Contracts
What is a contract?
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Types of Contract
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Simple contract
No written agreement required (e.g. exchange of promises (bilateral), promise and act (unilateral))
Deed
Formal document signed and witnessed (e.g. for legal estate in land, leases over 3 years, enforceable gifts)
Offer and Acceptance
Acceptance
Only occurs when offeror receives acceptance, positive action required
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Certainty and Intention
Certainty
Court must be able to identify exactly what has been agreed - considers what a reasonable person would believe were the terms
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