Business Law: Contracts
Overview
About
01: Foundations of Contract
Contract is defined, and the elements and types of contracts are examined.
02: Offer and Acceptance
One party makes an offer and the other accepts, refuses, or makes a counter-offer, but there are many possible slips in between. Which offers are binding? How must acceptance be communicated?
03: Consideration, Capacity, and Form
We look at three more elements of a binding contract, what each party must give up for a contract to be made, whether and when those of a "diminished capacity" can make contracts, and when a contract must be in writing.
04: Geniuneness and Discharge
When does a mistake by either party or fraud by one of them invalidate a contract? When can a party successfully claim that an agreement was reached under duress?
05: Performances and Discharge
If you've ever built a house, you have surely wondered what the law requires when a valid contract is in place and one party does not perform to its obligations. What conditions will excuse performance?
06: Remedies
If a contract has been breached, how do the courts decide how much you are owed?
07: Third-Party Rights
When can rights under a contract be assigned to someone else? When can a contract that benefits you be enforced by you?
08: International Contracts
Simple translation is only the first problem and there are hundreds of variations on rules among countries. We focus on issues raised by international agreements, letters of credit, and other commercial practices.