Contracts/Formal requisites: Difference between revisions

From wikilawschool.net. Wiki Law School does not provide legal advice. For educational purposes only.
(Created page with "{{:Contracts/TOC}} == Seal == == Writing == == Signing == == Delivery == == Date == == Leaving Blanks in Writing == == Revenue Stamps ==")
 
(Adapted and imported text from Corpus Juris, The American Law Book Co., New York, NY (1917))
Line 1: Line 1:
{{:Contracts/TOC}}
{{:Contracts/TOC}}
== Seal ==
== Seal ==
 
A contract under seal is a contract to which the seal of the party or parties executing it is affixed, and which derives its validity from its form alone, and not from the fact of agreement<ref>See [[Contracts/Acceptance#Acceptance by Assent|Acceptance § Acceptance by Assent]].</ref> to or from consideration<ref>See [[Contracts/Consideration#Contracts under seal|Consideration § Contracts under seal]]</ref> A contract under seal is necessary at common law where the promise is without consideration, and in many jurisdictions conveyances of land and certain other contracts are required by statute to be under seal. Contracts under seal are treated under other titles. Contracts under seal are also known as specialties.<ref>See Doyle v. West, 60 Oh. St. 438, 447, 54 NE 469.</ref>


== Writing ==
== Writing ==

Revision as of 02:23, August 20, 2020


Contracts Treatise
Table of Contents
Contracts Outline
Introduction and Definitions
Introduction
Definitions
Elements
Contract law in the United States
Contract formation
Parties
Offer
Acceptance
Intention to Bind
Formal requisites
Mailbox rule
Mirror image rule
Invitation to deal
Firm offer
Consideration
Consent
Implication-in-fact
Collateral contract
Modification
Merger
Uniform Commercial Code
Uniform Commercial Code
Course of dealing
Course of performance
UCC-1 financing statement
Uniform Commercial Code adoption
Defenses against formation
Lack of capacity
Duress
Undue influence
Illusory promise
Statute of frauds
Uncertainty
Non est factum
Contract interpretation
Governing law
Construction and Operation
Parol evidence rule
Contract of adhesion
Integration clause
Contra proferentem
Excuses for non-performance
Mistake
Misrepresentation
Frustration of purpose
Impossibility
Impracticability
Illegality
Unclean hands
Unconscionability
Accord and satisfaction
Rights of third parties
Privity of contract
Assignment
Delegation
Novation
Third-party beneficiary
Performance or Breach
Necessity of performance
Sufficiency of performance
Anticipatory repudiation
Cover
Exclusion clause
Efficient breach
Deviation
Fundamental breach
Termination
Termination
Rescission
Termination and rescission
Abrogation and rescission
Subsequent contract
Termination
Forfeiture
Remedies
Restitution
Specific performance
Liquidated damages
Punitive damages
Quasi-contractual obligations
Estoppel
Quantum meruit
Actions
Actions in General
Parties to Action
Pleading
Evidence
Questions of Law and Fact
Instructions
Trial and Judgment

Seal

A contract under seal is a contract to which the seal of the party or parties executing it is affixed, and which derives its validity from its form alone, and not from the fact of agreement[1] to or from consideration[2] A contract under seal is necessary at common law where the promise is without consideration, and in many jurisdictions conveyances of land and certain other contracts are required by statute to be under seal. Contracts under seal are treated under other titles. Contracts under seal are also known as specialties.[3]

Writing

Signing

Delivery

Date

Leaving Blanks in Writing

Revenue Stamps

  1. See Acceptance § Acceptance by Assent.
  2. See Consideration § Contracts under seal
  3. See Doyle v. West, 60 Oh. St. 438, 447, 54 NE 469.