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2 - CONTRACTS

Published online by Cambridge University Press:  05 June 2012

Robert Dunne
Affiliation:
Yale University, Connecticut
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Summary

Definition

The most common response to the question “What is a contract?” is “an agreement,” but a contract is more than that. The generally accepted legal definition of a contract is that it is a promise, or set of promises, that the law sees as a duty, for the breach of which the law will provide a remedy in the form of an action for damages. Thus a contract is a legally enforceable agreement.

Some Contracts Terminology

Promisee – A person to whom a promise is made

Promisor – A person who makes a promise

Offeree – A person to whom an offer is made

Offeror – A person who makes an offer

Contract Formation: Elements of a Contract

In order to make an agreement legally enforceable, three elements must be present – offer, acceptance, and consideration.

Offer

What is an offer? An offer is simply a manifestation of an intention to form a contract. The legal test of whether something is an offer is whether a reasonable person in the position of the offeree believes that acceptance creates a contract.

SIDEBAR: The reasonable person

The “reasonable person” is heavily relied upon by the law. No one can say with any specificity who this person is or what this person thinks, but the “reasonable person” might best be thought of as describing the “average” person, or perhaps the “normal” person. We will spend much more time examining this concept in the portion of this book that covers negligence.

Type
Chapter
Information
Computers and the Law
An Introduction to Basic Legal Principles and Their Application in Cyberspace
, pp. 23 - 56
Publisher: Cambridge University Press
Print publication year: 2009

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  • CONTRACTS
  • Robert Dunne, Yale University, Connecticut
  • Book: Computers and the Law
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511804168.003
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  • CONTRACTS
  • Robert Dunne, Yale University, Connecticut
  • Book: Computers and the Law
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511804168.003
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • CONTRACTS
  • Robert Dunne, Yale University, Connecticut
  • Book: Computers and the Law
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511804168.003
Available formats
×