How Do the Courts Get Around the Basic Rule That

question 68

Essay

How do the courts get around the basic rule that a gratuitous promise is not enforceable if they feel that not enforcing such a promise would be unfair? Identify and briefly describe the requirements for this "get around."

Understand the importance of proper communication in the formation of contracts.

Differentiate between types of knowledge of the offer and their significance.

Analyze and articulate legal reasoning in contract law contexts.

Understand the concept of fraudulent misrepresentation and its implications on contract validity.

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Definitions:

Continuous Reinforcement

A method of learning where every correct response is reinforced every time, leading to faster acquisition of behavior but quicker extinction once reinforcement stops.

Partial Reinforcement

A conditioning schedule where only some responses are reinforced, leading to more resistant behaviors to extinction.

Delayed Reinforcer

A reward that does not immediately follow an action but is delayed for a certain time.

Primary Reinforcer

A stimulus that satisfies a basic biological need and is inherently rewarding.