SLSHandbook-Contract Law

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CONTRACT LAW

This section discusses the basics of contract law, and addresses a few things to consider before
signing a contract.

REQUIREMENTS FOR A CONTRACT


A valid contract is a legally binding agreement and is enforceable in court by and against the
contracting parties. In order for a contract to be valid, there must be an offer, an acceptance of
the offer, an exchange between the parties of something of value, and an agreement to the terms.

Under California law, anyone is capable of entering into a contract, except for persons deprived
of civil rights (e.g., prisoners) and persons of unsound mind. A party is considered “of unsound
mind” if he or she is intoxicated or is suffering from a mental illness that prevents the party from
understanding what he or she is doing.

Minors (persons under 18) are with some exceptions permitted to enter into a contract in the
same manner as adults. However, contracts cannot always be enforced against minors by the
other party or parties. As a result, it is permissible for someone to refuse to enter into a contract
with a minor.

ORAL CONTRACTS
Contracts that are made orally are enforceable under certain circumstances, but are problematic
even where permissible. If the parties to the contract remember the agreement differently, it can
be difficult if not impossible for a party to prove what the actual agreement was. Some types of
contracts can never be made orally, including contracts lasting more than one year, contracts for
the sale of goods worth more than $500, contracts for the purchase and sale of real property, and
contracts to be co-signed.

BEFORE YOU SIGN A CONTRACT


Read it, read it, READ IT! You should read a contract as many times as required for you to be
certain that you understand it. Do not sign a contract without first understanding its contents and
consequences. You may want to request that an attorney review a contract with you before you
sign it, especially if the rights and responsibilities of the parties to the agreement are not clear to
you.

You should not sign a contract that has blank spaces left to be filled. Some contracts are forms
that look like a worksheet, with blank spaces for terms relating to quantity, price, or other details.
Do not sign a contract unless all spaces have been fully completed.

You should always keep a copy of any contract that you sign. This is the best way for you to
provide evidence of its existence and terms.
CANCELING A CONTRACT
Most contracts are legally binding. You should assume that you will be bound by the contract
and that you will not be able to simply “get out of it.”

There are some extraordinary circumstances in which it may be possible to cancel a contract.
Some examples of contracts that may be cancelled include those that involve fraud or that
require someone to do something illegal.

Getting Help

General Legal
Student Legal Services, 858.534.4374 or http://sls.ucsd.edu

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