Law 531 Week 4 Contractual Analysis

LAW 531 WEEK 4 CONTRACTUAL ANALYSIS

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Law 531 Week 4 Contractual Analysis

lContract law is needed to ensure compliance with a promise or to entitle a non-breaching party to relief when a contract is breached. All contractual relationships involve promises, but all promises do not establish contractual relationships. Most contractual promises are kept; keeping a promise is generally in the mutual self-interest of the promissory and the promisee.

Requirements of the Offer

Agreement = offer and acceptance.

Parties must show mutual assent to terms of contract.

Once an agreement is reached, if the other elements of a contract are present, a valid contract is formed.

Acceptance

Acceptance is the

ŸVoluntary act (expressed or implied),

Ÿby the Offeree that,

Ÿshows assent (agreement),

Ÿto the terms of an offer.

“Mirror Image” Rule

Express contract: terms of contract are set forth either in writing or orally.

Offeror being the US Navy and Offeree would be me, Levuris J. Smith exchange promises to each other making the contract a bilateral contract.

“A personal services contract is a contract to perform” continuous [duties that] involve skill, personal labor, and cultivated judgment“, which a enlistment contract is known as (Sagi, 2010, para. 2, p.168).

Express contract: terms of contract are set forth either in writing or orally.

Offeror being the US Navy and Offeree would be me, Levuris J. Smith exchange promises to each other making the contract a bilateral contract.

“A personal services contract is a contract to perform” continuous [duties that] involve skill, personal labor, and cultivated judgment“, which a enlistment contract is known as (Sagi, 2010, para. 2, p.168).

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