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Orientation Law

In: Other Topics

Submitted By kaixseablue
Words 447
Pages 2
No class Monday

What is contract?
Restatement 2nd of contracts a contract is a promise or a set of promises for the berach of which the law gives s remedy, ror the performance of which the law in some way recognizes as a duty.
A contract is subject to legal enformcent.

Promisuar and a promisee

A bilateral contract it can be both promisaur and promisee.

A contract is a statement that there are future obligation on one party or the other. If paid all cash it’s a mere transaction and not a contract. It needs a certain future obligation that would need to be enforceable.

Heartbomb statues. Marriage proposal examples.

Social vs legal obligation.

Policies and values of contract law
Freedom of contract is an execise of individual autonomy and an integral part of personal liberty, but it is not absolute. Freedom of contract is important but not end of everything. Ie, an 8 year old agree with apple terms and policies are illegal. *
One’s conduct regarding assent to a contract has more weight than one’s testimony about his or her intentions.
What I say is far less important than what I did, can’t say I didn’t read it.

Most contracts are commercial in nature, and therefore conract law reflects the prevailing economic philisphy of the U.S. capitalist and orientated towards a market economy.

History of contract law
Common law development of contract law. Dereived from English court. Nature of that is judges makes the decisions. Overtime ther are a lot of decisions. If there are like cases you want to treat them alike. Over time a national body of law emerges known as common law.
Common law is laws derivied from judges made from cases.
But in the U.S its legistations.
Classical contract law
More systematic approach to rules and doctrine
Contract laws can be oppressive.

Contemporary contract law
Rejection of the formalism

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