Contracts Law

1. Contract Formation
   1. Intent to Create Legal Relations
      1. Nature and Definition
         1. Understanding mutual intention to be legally bound
         2. Objective vs. subjective intent
      2. Presumptions in Different Types of Agreements
         1. Social and domestic agreements presumed not intended for legal relations
         2. Commercial agreements presumed intended for legal relations
      3. Rebutting Presumptions
         1. Evidence and documentation required to rebut presumption
         2. Case examples illustrating rebuttal
   2. Certainty and Completeness
      1. Requirement for Certainty
         1. Impact of vague or ambiguous terms
         2. Distinguishing between essential and non-essential terms
      2. Components of Completeness
         1. Inclusion of all material terms
         2. Conditions, warranties, and representations
      3. Consequences of Uncertainty or Incompleteness
         1. Void contracts for lack of definiteness
         2. Role of courts in supplying missing terms
   3. Writing and Formal Requirements
      1. General Requirement for Written Contracts
         1. Practical benefits of written contracts
         2. Determining necessity based on contract type
      2. Statute of Frauds
         1. Historical background and purpose
         2. Types of contracts required to be in writing
            1. Contracts involving interest in land
            2. Contracts not performable within one year
            3. Contracts for sale of goods over a certain value
            4. Contracts to pay the debt of another
         3. Exceptions to the Writing Requirement
            1. Partial performance as an exception
            2. Judicial admissions exception
      3. Electronic Contracts
         1. Legal recognition of electronic contracts
         2. Signature requirements in digital formats
         3. Challenges in electronic contract enforcement
         4. Regulations and laws governing electronic contracts
            1. Uniform Electronic Transactions Act (UETA)
            2. E-SIGN Act
   4. Mutual Consent
      1. Meeting of the Minds
         1. Concept of consensus ad idem
         2. Role of negotiations in achieving mutual consent
      2. Manifestation of Assent
         1. Express vs. implied assent
         2. Objective standard for determining assent
      3. Impact of Errors on Mutual Consent
         1. Mistakes in understanding terms or conditions
         2. Timing issues affecting consent establishment
   5. Preliminary Agreements and Letters of Intent
      1. Nature and Purpose of Preliminary Agreements
         1. Distinguishing binding from non-binding agreements
         2. Common contexts for preliminary agreements
      2. Legal Effect and Enforceability
         1. Criteria for determining enforceability
         2. Role of good faith in preliminary negotiations
   6. Offers and Invitations to Treat
      1. Difference Between Offers and Invitations to Treat
         1. Definition and legal implications
         2. Examples illustrating distinctions
      2. Revocation and Withdrawal of Offers
         1. Rules governing revocation before acceptance
         2. Impacts of time-limited and open offers
   7. Role of Agency in Contract Formation
      1. Agency Definitions and Types
         1. General and special agents
         2. Apparent vs. actual authority
      2. Agent's Authority in Contracting
         1. Express, implied, and apparent authority roles
         2. Third-party reliance on agent's actions