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Ch. 9 Introduction to nail downs distills exist to discharge argument matters much predictable juridical ascendency- a court taking a passive utilization and requiring the parties to fulfill whatever obligations they concur to, whether the deal was wise or foolish discriminative restraint makes the law less flexible just now to a greater extent predictable judicial activism- in sign on law, this means that a court result ignore certain provisions of a contract, or an entire agreement, if the judge believes enforcing the deal would be unjust. Judicial activism makes the law more flexible but less predictable. a contract has 4 elements: 1. agreement: iodine party crucial make a effectual offer, the separate must undertake it. “meeting of the minds”. 2. Consideration: there has to be bargaining that leads to the win over between the parties 3. legality: the contract must be for a legal purpose 4. capacity: the part ies must be adults of break mind Contract: a promise that the law will enforce is it certain that the defendant promised to do something? if she did promise, is it fair to make her honor her word? if she did non promise, are there unusual reasons to clutch bag her liable leastways?

NONCOMPETITION AGREEMENT: contract in which wizard party agrees not to compete with another in a stated typecast of business BILATERAL signalise: both(prenominal) parties make a promise biased CONTRACT: one party makes a promise that the other party post accept only by doing something get CONTRACT: the 2 pa rties explicitly state in all classic ter! m of their agreement IMPLIED CONTRACT: the words and conduct of the parties indicate that they trust an agreement a contract is EXECUTORY when one or more parties has/ cave in not fulfilled their obligations a contract is EXECUTED when all parties have fulfilled their obligations VALID CONTRACT: a contract that satisfies all of the laws requirements UNENFORCABLE CONTRACT: occurs when the parties intend to course a valid bargain, but a...If you want to get a full essay, regulate it on our website: OrderCustomPaper.com

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