LE 101 Lecture Notes - Lecture 8: Learned Hand, Equitable Remedy

• School: Quinnipiac University
• Department: Legal Studies
• Course: LE 101
• Professor: Prof Brandt

Document Summary

An agreement: written or oral, needs certain elements to be enforceable. A valid contract must contain: an offer, an acceptance of the offer, consideration (something of value exchanged, offeror and offere. Offer: de nite offer must contain at least the, parties, subject matter of the contract, price, time for performance. An offer can be terminated by: offeror"s revocation prior to acceptance, offeree"s rejection or counteroffer, by operation of law. According to the mirror image rule: an acceptance must exactly mirror the offer or the acceptance will be views as a counteroffer. Contract or gift: contract, need: offer, acceptance, consideration, enforceable, gift, no consideration but need delivery, not enforceable; can be revoked at any time up to time of delivery. Contract interpretation: when interpreting ambiguous contractual language a court will, give words plain or common sense meaning, decipher meaning from parties" intent expressed in contract. If plain meaning is not possible to discern: apply commonly accepted meaning.