Nama : Nabila Jasmine Ardyanto Putri

NIM : 031911133051
Kelas : Hukum Kontrak A-4

RESUME
A. The Definition of Contract
- Contract is a legally enforceable agreement
- Contract is a promise or set of promises which the law will enforce - Sir Frederick
Pollock
- Contract is an agreement giving rise to obligations which are enforced or recognised by
law - Treitel
- Not all agreements are contracts, only those that can be enforced in the court → if it’s

not then it’s just an agreement.

B. Classification of contract
1. Valid → all elements are satisfied and enforceable → if they have a valid

contract both parties have a right to sue in the court.

2. Voidable →
- A voidable contract is one that may become unenforceable by one party
but can be enforced by the other, only the injured can enforce or rescind.
- For example, X makes a contract with a drunk Y. Bec the contract was
made when Y was unconscious then Y has the option to cancel or continue
the contract.
3. Void → none of the parties can enforce the contract, for example a promise to
commit a crime in return for a money payment.
- Validity of a contract
a. Agreement between the parties
- What is an offer? Only statement which has an element to be bound is an
offer.
 - Circulars, catalogues, and advertisements are not an offer they are an
invitation to treat to customers, then the customers made the offer to buy
the product and then the other parties have an option to accept or reject the
offer
- Acceptance → Must be communicated to the offeror. If the acceptance

is sent by email as soon as the email has posted and reaches the system,

acceptance is effective. It doesn't matter if the offer does not receive the

offeror.

b. Intention → the parties must accept the legal consequences

- How to ascertain the intention? Express intention; Implied intention.
- Traditional approach : presumptions
c. Terminologies
- A contract is based on an exchange of promises. Each party to a contract
must be both a promisor and the promisee.
- Promisor → person making a promise under an agreement

- Promisee → person to whom a promise is made

- Consideration → what can be a consideration? Anything of value; The

carrying out of some act; Refraining from doing something that the

promisee had a right to do.

- Consideration need not be adequate, it must be ‘sufficient’ →

Consideration doesnt have to be commercially adequate to be

sufficient in law.

- Misrepresentation → is the giving of false information by one party to

the other before the contract is made, which induces them to make

contract.