CONTRACTS I COA

1) CAUSES OF ACTION- SUBSTANTIVE THEORIES OF RELIEF

a) ENFORCEABLE CONTRACTS- A promise made enforceable through offer, acceptance, and the
exchange of consideration
i. Elements (O+A+C=K)
1. Offer (CCD)
a. Communicated
i. verbal, written, etc.
ii. subject matter
1. ie: price, quantity, property address
b. Committed
i. something upon a condition is not committed
c. Definite
i. subject matter
1. ie: price, quantity, property address

2. Acceptance
a. a manifestation of assent to the terms thereof
b. made by the offeree
c. in a manner invited or required by the offer
i. if a method is required, it is the only way to accept it
1. Beard v. Krusa
ii. otherwise, any reasonable method will do
3. Consideration
ii. Mutual Assent (O+A)
1. both parties manifest intent to be bound to contract
a. Express mutual assent
i. O + A stated clearly in words or writing
b. Implied mutual assent
i. outward expressions
1. mental assent not requtisite for formation of contract
a. Lucy v. Zehmer farm plot case

iii. Social contracts

1. Social invitations not usually contract offers
2. Familial contracts usually not enforced
a. seen as lacking commitment to contract
iv. UCC