A contract is enforceable only if the person entering into the contract has the capacity to enter the contract considering these factors:

1. Contract is Lawful

2. No Duress

3. Age

4. Mentally Incompetence

5. Family

1. Offer

2. Consideration

3. Mutual Assent

4. Acceptance

An exchange of promises between two or more people to take place in the future.

A direct and complete proposal, promise, commitment requesting willingness to enter a bargain including:

1. Specific Terms

2. A manifestation of present intent to be bound

3. Communication to the Offeree

1. Language

2. Surrounding Circumstances 

3. Prior Practice/Relationship

4. Method of Communication

5. Industry Custom

6. Certainty and Definiteness of Terms

1. Manifestation of assent in a manner required by the offer

2.Complies with the place time and manner of acceptance required in the contract.

3.  Must occur while offer is still open

Acceptance (Unilateral Contract)

1. The offeree takes the benefits of offered services with reasonable opportunity to reject and reason to know there is expectation of compensation.

2. The offeror has understanding silence constitutes acceptance based on previous dealings.

3. Exercises dominion over goods

Any substituted bargain differing from the proposed original offer

Offer is accepted by showing lack of objection to the counter offer or last counter offer provided before the performance began

A manifestation of intention not to accept an offer

Offeree’s power of acceptance is terminated due to time

A purported acceptance that varies the terms of the offer is not an offer; it becomes a counter offer

Parties rely on actual intent rather than the conduct to determine the common understanding between both parties for binding a contract

Promise or performance that is bargained for, which motivates a person to do something.

1. The problem must induce a detriment to promisee OR

2. Occurrence of the condition would benefit the promisor.

A job title or anything that would reasonable allow someone to believe he is acting under authority

An oral or written promise to do certain acts for charity or for a charitable purpose.

1. P has conferred a benefit on D

2. D has knowledge of the benefit

3. D has accepted or retained the benefit

4. The circumstances are such that it would be inequitable for D to retain the benefit without paying fair value for it.

If a person receives a material benefit from another, other than gratuitously, a subsequent promise to compensate the person for rendering such benefits is enforceable

The process in which the court gives meaning to contractual language when the parties attach materially different meanings to the language

1.  Does not apply to evidence offered to explain the meaning of the agreement.

2.  Does not apply to agreements, whether oral or written, made after the execution of the writing. 

3.  Does not provide evidence to show the effectiveness of the agreement was subject to an oral condition precedent.

4. Does not apply to evidence offered to show that the agreement is invalid for any reason , such as fraud, duress, undue influence, mistake or illegality.

5.  Does not apply to evidence that is offered to establish a right to an equitable remedy such as reformation of the contract.

6.  Does not establish a collateral agreement between two parties.

Complete Integration - Final Contract, deals with all aspects of agreement

Partial Integration - Only some aspects of the agreement is in writing