HOW COMMON LAW CONTRACTS ARE FORMED – Conditional Acceptance

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Summary

The video covers the importance of contracts in common law and provides detailed explanations of key concepts. The speaker emphasizes the significance of understanding legal terminology, using Black’s Law Dictionary as a reference. They define a contract as a promissory agreement between two or more persons that creates, modifies, or destroys a legal relation. The speaker highlights three crucial elements for a valid contract: full disclosure of terms, valid consideration, and freewill consent. They explain that consideration means each party gives up something of value deemed valuable by the other party. The speaker also lists various common documents and agreements, questioning their validity as contracts based on the discussed criteria.

Highlights

Introduction to Contracts in Common Law

The speaker introduces the importance of contracts in common law and emphasizes the need for clarity in legal terminology. They recommend using Black’s Law Dictionary to understand legal terms accurately.

Definitions of a Contract

Multiple definitions of a contract are provided from Black’s Law Dictionary. These include: a promissory agreement between two or more persons, an agreement upon sufficient consideration, and an agreement creating obligation. The speaker emphasizes the importance of competent parties, clear terms, and mutual understanding in contracts.

The Concept of Consideration in Contracts

The speaker explains consideration as a crucial element in contracts. They define it as each party giving up something of value that is deemed valuable by the other party. The speaker stresses that consideration must be mutual and cannot be imposed unilaterally.

Three Key Elements of a Valid Contract

The speaker outlines three essential elements for a valid contract: full disclosure of all terms, valid consideration, and freewill consent. They emphasize the importance of these elements in determining the validity of contracts and their role in conditional acceptance.

Examples of Common Contracts and Their Validity

The speaker lists various common documents and agreements, such as birth certificates, social security cards, driver’s licenses, and financial agreements. They question the validity of these as contracts based on the criteria discussed earlier in the video.

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