Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-wg55d Total loading time: 0 Render date: 2024-06-11T10:11:12.996Z Has data issue: false hasContentIssue false

Conclusion

Published online by Cambridge University Press:  05 March 2016

Lawrence A. Cunningham
Affiliation:
The George Washington University Law School
Get access

Summary

Take the following quiz to compare common beliefs about contracts with the reality. Consider whether the statements are true or false.

  1. Promises to make gifts are legally enforceable.

  2. Advertisements create offers that can be accepted to make a binding contract.

  3. Clicking “yes” on a terms-of-use icon does not create a binding contract.

  4. An airline ticket's confidentiality clause prevents the airline from sharing personal data.

  5. Employees can only be fired for “cause.”

  6. Contracts must be fair to be legally valid.

  7. A celebrity's payment to a gadfly to hush up about a private affair creates a valid contract.

  8. Gambling contracts are invalid.

  9. Promises must be kept, come hell or high water.

  10. Caveat emptor (“let the buyer beware”) rules.

  11. Children are responsible for their contracts just as adults are.

  12. When someone breaches a contract, courts most often order them to perform it.

  13. When courts award money for a breach of contract, the amount includes all losses the breaching party caused.

  14. Courts punish people who breach contracts by requiring them to pay punitive damages.

  15. If a contract says what money should be paid upon breach, courts award that amount.

  16. Good Samaritans are legally entitled to compensation for the benefits they confer on others.

  17. To be valid, a contract must be in writing and signed or notarized.

  18. Contracts cannot be changed once they are made.

  19. Promises must be performed to a tee so that shortcomings forfeit all rights to any promise the other side made.

  20. No one but the parties to a contract can have any rights or duties under it.

If you chose true for any of these, you are most likely reading this conclusion before reading the book. All the statements are false, and this book has explored why.

The correct answers are the product of centuries of ongoing refinements that give contract law unmatched pedigree, with an amazing constancy in which classic cases from scores or hundreds of years ago remain pivotal to resolving disputes today. Modern contract law – from the founding of the United States until today – has never been extreme but tended always towards a sensible, practical center.

Type
Chapter
Information
Contracts in the Real World
Stories of Popular Contracts and Why They Matter
, pp. 240 - 242
Publisher: Cambridge University Press
Print publication year: 2016

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • Conclusion
  • Lawrence A. Cunningham
  • Book: Contracts in the Real World
  • Online publication: 05 March 2016
  • Chapter DOI: https://doi.org/10.1017/CBO9781316493670.012
Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Conclusion
  • Lawrence A. Cunningham
  • Book: Contracts in the Real World
  • Online publication: 05 March 2016
  • Chapter DOI: https://doi.org/10.1017/CBO9781316493670.012
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Conclusion
  • Lawrence A. Cunningham
  • Book: Contracts in the Real World
  • Online publication: 05 March 2016
  • Chapter DOI: https://doi.org/10.1017/CBO9781316493670.012
Available formats
×