LAW 122 Study Guide - Midterm Guide: Silence 4, Contractual Term, Hot Dog

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Remember: legal issue what is the legal problem, legal test what is the legal test, application apply legal test to problem and conclude. Contract forms: does not have to be in writing, handshake, phone call, action, half written, emails. Legal test: element of exchange, must move from each party but not necessarily to other part, pay to your brother if you transfer a car to my sister. Forbearance to sue: promise to not pursue a lawsuit, b/c expensive, very few are actually decided by judges, enter into contract, plaintiff agrees not bring to court, defendant pays less than allegedly owed. Past consideration: must be mutuality of consideration, each party provides consideration in return for other parties consideration, consideration given before contract contemplated, no mutuality and therefore no consideration. 6: pay early (in june instead of july, payment in different forms (cash instead of cheque, payment + new benefit (200 + book)

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