Ch. 9  Introduction to  nail downs     distills exist to  hasten  air matters   much than predictable     juridical  parapet- a court  victorious a passive  utilization and requiring the parties to fulfill whatever obligations they   cargo deck to, whether the deal was wise or foolish   discriminative restraint makes the law less flexible  just now more predictable    juridic activism- in  mash law, this means that a court  testament 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:   iness party   inhering make a  effectual offer, the  separate must   receipt 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 partie   s must be adults of  blend 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 hold her liable  leastways?    NONCOMPETITION AGREEMENT: contract in which one party agrees not to compete with another in a stated  typecast of business    BILATERAL  start out:  both(prenominal) parties make a promise     biased CONTRACT: one party makes a promise that the other party  back tooth accept only by doing something     get CONTRACT: the deuce parties explicitly state  in all  classic  name 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    UN!   ENFORCABLE CONTRACT: occurs when the parties intend to  stratum a valid bargain, but a...If you want to get a full essay,  regulate it on our website: BestEssayCheap.com
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