Evaluation of the Formation of Contract and Ideas for Reform (OCR A-Level Law): Flashcards

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Evaluation of the Formation of Contract and Ideas for Reform
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Consideration in contract law

Something of value exchanged between parties (quid pro quo)

Mutuality principle in contract formation

Valid offer + valid acceptance; both parties genuinely agree

Presumption for commercial agreements

Intended to create legal relations (rebuttable)

Presumption for domestic/social agreements

Not intended to create legal relations (rebuttable)

Privity of contract rule

Only parties to contract can enforce it, not third parties

Contracts (Rights of Third Parties) Act 1999

Allows third parties to enforce contracts in certain cases

Why minors are protected in contract law

Vulnerable; lack experience & weaker bargaining position

Form requirement for sale of land contracts

Must be in writing and signed by both parties

Unilateral contract

Contract where acceptance is by performance, not promise

Rebuttable presumption

Assumption that can be overturned by evidence

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