Blog

Parties to illegal agreements are generally not entitled to help from the courts.

John wants to sell his car and tells his cousin, Kelly that he will take $5,000 for it.  Kelly doesn’t want it, but Leon is listening to their conversation and says he will buy it for $5,000.  John and Leon have a contract.

A promise based on a party’s past performance is not consideration.

An agreement that calls for the commission of a civil wrong is illegal and void.

Which of the following is NOT an element of negligence?

An agreement or contract that is manifested by words, either written or oral.

 What type of contract or agreement exists where only one party makes a promise? (The other party usually fulfills their end by some type of conduct.)

Jim bids on a multi-million dollar construction project and makes a miscalculation of approximately $5,000.  He only notices the error after his offer has been accepted by the builder.  Jim can likely have the contract voided because of his mistake.

CopperTire enters into a contract with RubberCo to purchase all of its rubber from RubberCo.  Copper later tries to argue that the contract is not valid because it does not specify a definite amount of rubber that it will purchase.  Courts will generally invalidate this type of contract for not being definite.

Jennifer promises to give Kelly her stamp collection.  Kelly goes to Jennifer’s house to get the stamps but Jennifer says that she has changed her mind and will not give Kelly the stamps.  Kelly can successfully sue Jennifer for breach of contract.