York College, CUNY

STRATEGIC 68798

Chapter 5

1)What are the promises contained in a contract known as?

2. Can people be forced into a contract? Explain.

3. Is a promise to do something for someone else enforceable as a contract? Explain.

4. Why should a contract be in writing?

5. Identify the main features of a contract:

6. How is the concept of agreement a key part of a contract?

7. Explain the genius of contract law.

8. Can a contract be accidentally created? Explain.

9. Can anybody sue on a contract? Explain.

10. How does a contract ensure that each party gets what it bargained for?

11. What does a judge rely on to guide its deliberations to resolve a contractual conflict?

12. What determines whether legislation or common law must be followed to resolve a contractual dispute that has been brought before the court?

13. In what way is contract law considered to be facilitative?

14. Is ignorance of the law an excuse in contract law?

15. What is the danger of relying on casual understandings in business relationships?

16. Why is it important for the businessperson to know when simple business communications crystallize into legal obligations?

17. Briefly outline Albert Carr’s claims regarding the morality of businesspeople.

18. What is the first and foremost concern of contract law?

19. Discuss the objective standards test.

20. How is the normal position taken by courts in relation to inequality of bargaining power impacted by standard form contracts?

21. What is the business reality regarding equality of bargaining power between negotiating parties?

22. What is the rationale behind the law’s approach to inequality of bargaining power?

23. Is the general approach to inequality of bargaining power ever ignored by courts?