Tuesday, November 17, 2015

Chapter Ten

Chapter ten discusses the legal aspects and barriers in contract law. A contract centers on a promise and consideration between an offerer and an offeree. There are many ways that a contract is accepted and carried out. All promises (contracts) must be legal when written and while being carried out. If the law changes during the lifetime of the contract, The contract may be no longer legal.
The one part that stands out to me is the unconscionable contract. When my dad bought his last farm, the sellers lawyer wrote in the contract that the seller would maintain all commodities from the farm for ten years after the sale. My dads lawyer found this before the contract was signed, so it all worked out, but had he not, this may qualify as a unconscionable contract.
Essentially everything written in a contract must be material. That is it must be important information to the details of the contract. All parts of the contract must be legal and written by two parties with a stable state of mind. Rescission, novation, and accord and satisfaction are the ways to discharge a contract. Damages may be returned by remedies or restitution.   

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