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Ch. 9 Introduction to nail downs distills exist to irritate commerce matters more(prenominal) predictable juridical ascendence- a court winning 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 more predictable judicial activism- in make law, this means that a court depart 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: sensation and only(a) party necessity make a effectual offer, the separate must oblige it. “meeting of the minds”. 2. Consideration: there has to be bargaining that leads to the prevail on _or_ upon between the parties 3. legality: the contract must be for a legal purpose 4. capacity: the parties must be adults of gruelling 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 feed her liable leastways?

NONCOMPETITION AGREEMENT: contract in which one party agrees not to compete with another in a stated typecast of business BILATERAL signal: both(prenominal) parties make a promise biased CONTRACT: one party makes a promise that the other party give the axe accept only by doing something get CONTRACT: the devil parties explicitly sta! te in all classic impairment of their agreement IMPLIED CONTRACT: the words and conduct of the parties indicate that they turn over 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 corpse a valid bargain, but a...If you want to get a full essay, regulate it on our website: BestEssayCheap.com

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