LAWS 2202 Lecture Notes - Lecture 7: Unconscionability, Government Procurement, Harvard Step Test

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Mutual consent (offer and acceptance) parties to a contract must both agree to the terms and conditions set out the agreements, either through explicit acceptance or actions. Capacity in order to be able to provide consent, a party must be legally capable of such consent. Significant mental illness, developmental issues, and age can all be factors in determining capacity. Purposeful character a contract should denote a clear and discernable bargain, it must have an object or purpose. Typically, this is understood in terms of the exchange of items or actions of value. Exchange the exchange of value (consideration)-not necessarily equal but (cid:858)parallel(cid:859) Kesha, apple and the sanctity of terms and conditions. O (cid:272)alled (cid:858)(cid:272)li(cid:272)k(cid:449)rap(cid:859) (cid:272)o(cid:374)tra(cid:272)ts are u(cid:374)derstood to (cid:271)e adhesio(cid:374) (cid:272)o(cid:374)tra(cid:272)ts. U(cid:272)h (cid:272)o(cid:374)tra(cid:272)ts are characterized by a take it or leave it relationship. , where contract terms and conditions are standardized to multiple potential accepters (purchases of goods/services) and negotiation is not feasible.

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