Author: Anonymous

If the law is intended to protect one of the parties to an otherwise illegal contract, the innocent party may seek relief in court.

If two parties make an oral agreement and then put it in writing and sign a contract, but one then alleges that there is a mistake in the written document (contract), the written contract always dictates and is what binds the parties.

The type of contract where a court imposes an obligation on one party to prevent that party from being unjustly enriched (where there is no actual contract).

Nelson was in the market to sell his house.  Baker sent him a written offer to buy the house.  Nelson sent Baker a response stating that he would accept Baker’s offer with some changes.  Baker withdrew his offer, but Nelson sued Baker saying they have a valid contract.  Nelson is correct.

Beverly comes home from work one afternoon and finds that a beautiful stone patio has been built in her backyard.  Beverly did not enter into a contract for a patio.  A court would likely make Beverly pay for the patio to prevent an unjust enrichment.

Who is the person who makes a promise?

Consideration can be the actual refraining of doing an act (forbearance).

An unlicensed doctor can successfully sue a patient for the doctor’s fee if the patient in fact recovered because of the unlicensed doctor’s care.

Amanda buys a car from Betty and never asks if it has been in an accident.  About a month later Amanda tries to sell the car but the potential buyer runs a CarFax report and determines that the car has been in an accident.  This substantially reduces the value of the car.  Amanda can likely successfully sue Betty for breach of contract since Betty did not tell Amanda about the car being in an accident.

In MS, someone has to be 18 before he or she can enter into contracts regarding real property.