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Contracts. Consumer. A person who buys a good or service from a seller. Caveat Emptor. “Let the Buyer Beware” In the past, consumers had to look out for themselves for unfair or misleading sales practices. What is a Contract?.
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Consumer • A person who buys a good or service from a seller
Caveat Emptor • “Let the Buyer Beware” • In the past, consumers had to look out for themselves for unfair or misleading sales practices
What is a Contract? • An agreement between two or more persons to exchange something of value.
Elements of a Contract • Offer: a specific proposal by one person to another to make a deal or contract • Must be directed at a person • Must be for something That would not be completed Anyway • Ordering food from a menu
Elements of a Contract 2. Acceptance: Agreeing to the offer and becoming bound to the terms of a contract • Making the ordered food from a menu
Elements of a Contract 3. Consideration: an exchange of something of value • Cash for food
Name the elements of the Contract: • Julie says to Joe “I will sell you my cell phone for $50,” and Joe says “OK” and pays the $50. • Offer? • Acceptance? • Consideration?
Name the Elements of a Contract • Endia offers to drive Kyle to school, if Kyle helps her study for Law & Justice. Kyle writes up a study schedule and tells Endia where to pick him up. • Offer? • Acceptance? • Consideration?
Name the Elements of a Contract • Crystal order a bucket of fried chicken from the drive through menu at KFC for $4.00. The workers quickly prepare her food and she pays at the second window. • Offer? • Acceptance? • Consideration?
Minors • Anyone under 18 can enter into contract • Must have a parent/guardian cosign (agree to responsibility of the contract) • Contract is ratified (official) once the minor turns 18
Written v. Oral Contract • Contracts for the sale of goods over $500 must be in writing. • Law prefers written contracts
Illegal Contracts • Unconscionable Contracts: Unfair, harsh or oppressive contract (not valid) • Conditions: • Take-it or Leave-it bases • Uneven bargaining power • Fraud (false statement used to persuade) • Illegal/Void: One person does not hold up their part
Find the Elements of the Contract • Answer Problem 23.1 (a-f) • (Hint: Only ONE contract is valid (or enforceable)) • Better Business Bureau Scam