reason why not enforced? defenses to formation, indefiniteness, mistake, statute of frauds
who has the enforceable rights? third party beneficiary, assignees, delegees
absolute duty to perform? conditions, changed circumstances, discharge
if broken, what remedy?
need mutual assent and consideration
Mutual assent = offer and acceptance
consideration = the befenif recieved by a party promising to proform and the detriment of the person promised.
more then nominal
honost OR reasonable of claim? ( subjective) if claimant makes mountain out of a molehill then "doubtful" but possible, but if there is no molehill to beginwith, then not consideration.MODERN RULE( the "or" versus AND)
already obliged to do this act?
also: reliance?( forseeable)
waiver for a non material portion of the contract.
promise to pay on a past or moral consideration ( promise to pay a debt barred from recovery, statute of limitations, bankruptsy?)
promise made under seal?
definatentess of terms?
intent and manner
unilateral v bilateral
manifest assent ( communicated?)
silence by prior agreement?
unconditional ( unconditional assent) if there are conditions ( and NOT the ucc) then works as a rejection and counter offer.
reason not to enforce
defenses to valid contract
misrepresentation, nondisclosure,duress and undue influence
lack of writing
lack of contractual capacity ( minors, mental incompetents)
illegality of of contractual purpose or consideration