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AGREEMENT by Mind Map: AGREEMENT
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AGREEMENT

OFFER

1. Promise by the offeror 2. To be contractually bound 3. Upon unconditional acceptance of the offer 4. Terms of offer, becomes terms of contract

ACCEPTANCE (8)

Prescribed Method

Mirror Image

Communicated (not silence)

In response to offer

Third party

By conduct

Instantaneous

Exceptions

CONSIDERATION (5)

PAST NOT GOOD

MOVE / PRIVITY

ADEQUATE/SUFFICIENT

EXISTING

PART PAYMENT

ESTOPPEL

TERMS

Term or Representation?

A white banner is hanging from the BIRCH TREE in front of PARAMOUNT studios where robin WILLIAMS clutching an OSCAR to his CHESS whilst sitting in his BENTLEY SMITH. He's Hopkins around after drinking a TANQU^IRY.

Express Terms

Implied Terms

Exclusion Clauses

VITIATING FACTORS

MISREPRESENTATION

MISTAKE

DISCHARGE

PERFORMANCE

AGREEMENT

BREACH

FRUSTRATION

‘a contract is frustrated where, after the contract was concluded, events occur which make performance of the contract impossible, illegal or something radically different from what the parties contracted for.’ If a contract is frustrated, it is brought to an end automatically: the parties have no choice in the matter. Frustration may be raised as a defence to an action for breach of contract.

REMEDIES

Intention to Create Legal Relations

Intention to be legally bound is a technical term used in contract law, particularly English contract law, to denote a court's presumption that parties to an agreement wished it to be enforceable by a court. The doctrine does not in fact look to a party's subjective intentions at all, but reflects a court's general policy to uphold agreements in the commercial sphere of life, and not to interfere within the private sphere. The concept is closely related to the "will theory" of contracts as espoused by German jurist Friedrich Carl von Savigny in his nineteenth century work System des heutigen Römischen Rechts (1840). It had been a prominent concept through the nineteenth century that contracts were based on a meeting of minds between two or more parties, and that their mutual consent to a bargain, or their intention to contract, were paramount. While it is generally true that courts wish to uphold the parties' intentions, courts moved in the later half of the nineteenth century to a...

Business

Subject to Contract

Private

DURESS

THREATS TO PERSON