Understanding Contracts: Offers, Acceptance, and Consideration, Lecture notes of Law

An introduction to contracts, focusing on the concepts of offers, acceptance, and consideration. It explains what a contract is, the difference between legal and gratuitous promises, and the types of offers (unilateral and bilateral). Additionally, it discusses the importance of consideration in contract formation and the difference between autonomous and cooperative speech acts.

Typology: Lecture notes

2021/2022

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Contract Formation
Offer, Acceptance &
Consideration
What is a Contract?
“A contract is a promise or a set of promises
for the breach of which the law gives a
remedy or the performance of which the law
in some way recognizes as a duty.”
Restatement of the Law of Contracts,
Second
A ‘promise’ is an integral component of an
offer.
What is an Offer?
A legal offer is a promise (by the offeror)
that proposes a valid exchange.
“I will drive you to Los Angeles if you wash
and wax my car.”
“I will sell you my car for $1200.”
•(I promise) I will drive you to Los Angeles,
if you wash and wax my car.”
(I promise) I will sell you my car, if you pay
me $1200.
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Contract Formation

Offer, Acceptance & Consideration

What is a Contract?

  • “A contract is a promise or a set of promises for the breach of which the law gives a remedy or the performance of which the law in some way recognizes as a duty.” Restatement of the Law of Contracts, Second
  • A ‘promise’ is an integral component of an offer.

What is an Offer?

  • A legal offer is a promise (by the offeror) that proposes a valid exchange.
  • “I will drive you to Los Angeles if you wash and wax my car.”
  • “I will sell you my car for $1200.”
  • (I promise) I will drive you to Los Angeles, if you wash and wax my car.”
  • (I promise) I will sell you my car, if you pay me $1200.

Legal vs. Gratuitous Promises

  • A ‘legal’ promise proposes a valid exchange. A ‘gratuitous’ promise does not.
  • Legal: “I will give you $100 if you wash and wax my car.”
  • Gratuitous: “I will give you $100 for your birthday.”

Types of Offers:

Unilateral vs. Bilateral

  • Unilateral - (only 1 promise)
  • Promise (by the offeror) in exchange for a performance (by the offeree).
  • “I will drive you to Los Angeles if you wash and wax my car.”
  • “Johnny, I’ll pay you $20 if you mow my lawn this afternoon.”

Types of Offers:

Unilateral vs. Bilateral

  • Bilateral - (2 promises): Promise (by the offeror) in exchange for a promise (by the offeree).

“I will drive you to Los Angeles on Tuesday, if you will wash and wax my car on Wednesday.”

“We will lend you $1000, if you repay it with 10 monthly installments at 12% interest.”

Contract Formation

Offer, Acceptance & Consideration

What is Consideration?

  • A legal promise (by the offeror) that proposes a valid exchange.
  • A valid exchange is something of value given by each party to the contract. [quid pro quo] “I will drive you to Los Angeles on Tuesday, if you will wash and wax my car on Wednesday.” “We will lend you $1000, if you repay it with 10 monthly installments at 12% interest.”

What is the Purpose of

Consideration?

  • Consideration distinguishes between enforceable and nonenforceable agreements.
  • “I will sell you my car if you pay me $1200.” (adequate consideration)
  • “I will put you up in my guest room if you come to San Diego.” (gratuitous promise)

Types of Non-Consideration

  • ‘Past’ consideration: “I will pay you $20 for having mowed my lawn last week.” [‘Past consideration is no consideration’]
  • Compare: “I will you $20 if you mow my lawn this afternoon.”
  • Pre-existing duty:
  • “If you pay me $25/hour, I will tutor you on speech act theory.”
  • Compare: “If you pay me $25/hour, I will tutor you for your calculus exam.”
  • ‘Sham’ consideration:
  • “I will sell you my Jaguar for $10.”
  • Compare: “I will sell you my Jaguar for $10,000.”
  • Condition on a gift “I will put you up in my guest room if you come to San Diego.”
  • Compare: “I will put you up in my guest room if you pay me $75/night.”
  • Fortuitous occurrence:
  • “I will pay your tuition next quarter if you are accepted to law school.” [assume student has already applied]
  • Compare: “I will pay your tuition next quarter if you apply and are accepted to law school.”