logging in or signing up Kramer on Contracts emma.garrison Download Post to : URL : Related Presentations : Share Add to Flag Embed Email Send to Blogs and Networks Add to Channel Uploaded from authorPOINT lite Insert YouTube videos in PowerPont slides with aS Desktop Copy embed code: (To copy code, click on the text box) Embed: URL: Thumbnail: WordPress Embed Customize Embed The presentation is successfully added In Your Favorites. Views: 230 Category: Entertainment License: All Rights Reserved Like it (1) Dislike it (0) Added: February 01, 2010 This Presentation is Public Favorites: 1 Presentation Description An overview of basic principles of contract law using an example from Seinfeld Comments Posting comment... By: emma.garrison (27 month(s) ago) I am happy to let you download it, but I am fairly new at authorstream. How should I go about doing that. Also, if you are interested, I started a blog on this and similar topics -- http://whatlawilearnedfromtv.blogspot.com/. Saving..... Post Reply Close Saving..... Edit Comment Close By: minii88 (27 month(s) ago) I want to download this file Saving..... Post Reply Close Saving..... Edit Comment Close Premium member Presentation Transcript Emma Garrison : Emma Garrison Toastmasters Speech #4: “How to Say It” Introduction to Contract Law : Introduction to Contract Law What is a Contract? : What is a Contract? Definition: “A contract is a promise or set of promises, for breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty.” An agreement that is legally binding Remedy available if promise broken Types of Contracts : Types of Contracts Express – Formed by Language Written or Oral Implied – Formed by Conduct E.g. Fill up tank with gas, entering into a contract to pay for gas Does not have to be written to be a valid contract! Three Elements of a Contract : Three Elements of a Contract Mutual Assent An offer and acceptance Consideration Bargained for exchange of something of legal value No Defenses E.g. mistake, lack of capacity, illegality Example: : Example: Was a Contract Formed? : Was a Contract Formed? Elaine said she “would give that bike to the first person who could make that pain go away.” Kramer used shiatsu technique, to which Elaine responds, “The pain is totally gone!” Does Elaine owe Kramer the bike? Three Elements of a Contract : Three Elements of a Contract Mutual Assent An offer and acceptance Consideration Bargained for exchange of something of legal value No Defenses E.g. mistake, lack of capacity, illegality Was there a Valid Offer? : Was there a Valid Offer? Did Elaine make a promise, undertaking, or commitment? Was it definite and certain in its terms? Was it communicated to Kramer? Offer: Promise, Undertaking, or Commitment? : Offer: Promise, Undertaking, or Commitment? Factors: Language – “I would give that bike to the first person who could make that pain go away.” Surrounding Circumstances Method of Communication Prior Relationship of Parties Offer: Definiteness of Subject Matter : Offer: Definiteness of Subject Matter Did Elaine make an offer that was definite and certain enough to give Kramer the power to accept? Potential vagueness – “that bike” “make this pain go away” Did Kramer Make a Valid Acceptance? : Did Kramer Make a Valid Acceptance? Unilateral Contract – offeree accepts by performing a stipulated act Must act with knowledge of the offer Must be motivated by the offer I.e. Kramer worked on Elaine’s neck because he wanted the bike. Three Elements of a Contract : Three Elements of a Contract Mutual Assent An offer and acceptance Consideration Bargained for exchange of something of legal value No Defenses E.g. mistake, lack of capacity, illegality Consideration : Consideration Two Elements: Bargain and legal value Bargain In a unilateral contract, exchange of a promise for an act No gifts Legal Value Party must incur detriment, i.e. do something he is not legally obligated to do Took Kramer 10 seconds. But, according to Jerry, this is the most Kramer has worked in the last four months. Three Elements of a Contract : Three Elements of a Contract Mutual Assent An offer and acceptance Consideration Bargained for exchange of something of legal value No Defenses E.g. mistake, lack of capacity, illegality No Defenses to Formation : No Defenses to Formation Mistake E.g. ambiguous term in contract; Elaine meant her bike, Kramer thought she meant Jerry’s bike Lack of Capacity Insane – if Kramer were mentally challenged Intoxicated – if Elaine drank Peach Schnapps Illegality Contract not valid if involves illegal subject matter; “I’ll kill for anyone who makes the pain go away.” Slide 18: “What I like to do is give each side a case . . . so half the audience will be on one side and half will be on the other side about who’s right and who’s wrong.” – Larry David, Creator of “Seinfeld” Disclaimers : Disclaimers The video and characters of the television show “Seinfeld” are the property of NBC and no copyright infringement is intended. Information on Contract Law based on The Conviser Mini-Review, a publication of The Bar-Bri Group, copyright 2003. Final Thoughts : Final Thoughts “Hey, a rule is a rule, and let's face it, without rules there's chaos.” – Cosmo Kramer You do not have the permission to view this presentation. In order to view it, please contact the author of the presentation.
Kramer on Contracts emma.garrison Download Post to : URL : Related Presentations : Share Add to Flag Embed Email Send to Blogs and Networks Add to Channel Uploaded from authorPOINT lite Insert YouTube videos in PowerPont slides with aS Desktop Copy embed code: (To copy code, click on the text box) Embed: URL: Thumbnail: WordPress Embed Customize Embed The presentation is successfully added In Your Favorites. Views: 230 Category: Entertainment License: All Rights Reserved Like it (1) Dislike it (0) Added: February 01, 2010 This Presentation is Public Favorites: 1 Presentation Description An overview of basic principles of contract law using an example from Seinfeld Comments Posting comment... By: emma.garrison (27 month(s) ago) I am happy to let you download it, but I am fairly new at authorstream. How should I go about doing that. Also, if you are interested, I started a blog on this and similar topics -- http://whatlawilearnedfromtv.blogspot.com/. Saving..... Post Reply Close Saving..... Edit Comment Close By: minii88 (27 month(s) ago) I want to download this file Saving..... Post Reply Close Saving..... Edit Comment Close Premium member Presentation Transcript Emma Garrison : Emma Garrison Toastmasters Speech #4: “How to Say It” Introduction to Contract Law : Introduction to Contract Law What is a Contract? : What is a Contract? Definition: “A contract is a promise or set of promises, for breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty.” An agreement that is legally binding Remedy available if promise broken Types of Contracts : Types of Contracts Express – Formed by Language Written or Oral Implied – Formed by Conduct E.g. Fill up tank with gas, entering into a contract to pay for gas Does not have to be written to be a valid contract! Three Elements of a Contract : Three Elements of a Contract Mutual Assent An offer and acceptance Consideration Bargained for exchange of something of legal value No Defenses E.g. mistake, lack of capacity, illegality Example: : Example: Was a Contract Formed? : Was a Contract Formed? Elaine said she “would give that bike to the first person who could make that pain go away.” Kramer used shiatsu technique, to which Elaine responds, “The pain is totally gone!” Does Elaine owe Kramer the bike? Three Elements of a Contract : Three Elements of a Contract Mutual Assent An offer and acceptance Consideration Bargained for exchange of something of legal value No Defenses E.g. mistake, lack of capacity, illegality Was there a Valid Offer? : Was there a Valid Offer? Did Elaine make a promise, undertaking, or commitment? Was it definite and certain in its terms? Was it communicated to Kramer? Offer: Promise, Undertaking, or Commitment? : Offer: Promise, Undertaking, or Commitment? Factors: Language – “I would give that bike to the first person who could make that pain go away.” Surrounding Circumstances Method of Communication Prior Relationship of Parties Offer: Definiteness of Subject Matter : Offer: Definiteness of Subject Matter Did Elaine make an offer that was definite and certain enough to give Kramer the power to accept? Potential vagueness – “that bike” “make this pain go away” Did Kramer Make a Valid Acceptance? : Did Kramer Make a Valid Acceptance? Unilateral Contract – offeree accepts by performing a stipulated act Must act with knowledge of the offer Must be motivated by the offer I.e. Kramer worked on Elaine’s neck because he wanted the bike. Three Elements of a Contract : Three Elements of a Contract Mutual Assent An offer and acceptance Consideration Bargained for exchange of something of legal value No Defenses E.g. mistake, lack of capacity, illegality Consideration : Consideration Two Elements: Bargain and legal value Bargain In a unilateral contract, exchange of a promise for an act No gifts Legal Value Party must incur detriment, i.e. do something he is not legally obligated to do Took Kramer 10 seconds. But, according to Jerry, this is the most Kramer has worked in the last four months. Three Elements of a Contract : Three Elements of a Contract Mutual Assent An offer and acceptance Consideration Bargained for exchange of something of legal value No Defenses E.g. mistake, lack of capacity, illegality No Defenses to Formation : No Defenses to Formation Mistake E.g. ambiguous term in contract; Elaine meant her bike, Kramer thought she meant Jerry’s bike Lack of Capacity Insane – if Kramer were mentally challenged Intoxicated – if Elaine drank Peach Schnapps Illegality Contract not valid if involves illegal subject matter; “I’ll kill for anyone who makes the pain go away.” Slide 18: “What I like to do is give each side a case . . . so half the audience will be on one side and half will be on the other side about who’s right and who’s wrong.” – Larry David, Creator of “Seinfeld” Disclaimers : Disclaimers The video and characters of the television show “Seinfeld” are the property of NBC and no copyright infringement is intended. Information on Contract Law based on The Conviser Mini-Review, a publication of The Bar-Bri Group, copyright 2003. Final Thoughts : Final Thoughts “Hey, a rule is a rule, and let's face it, without rules there's chaos.” – Cosmo Kramer