What does "Formation of Contracts" mean, as related to Executive Session in the Davis Stirling Act?
Civil Code §1363.05. Open Meeting Act
(b) Any member of the association may attend meetings of the board of directors of the association, except when the board adjourns to executive session to consider litigation, matters relating to the formation of contracts with third parties, member discipline, personnel matters, or to meet with a member, upon the member's request, regarding the member's payment of assessments, as specified in Section 1367 or 1367.1. The board of directors of the association shall meet in executive session, if requested by a member who may be subject to a fine, penalty, or other form of discipline, and the member shall be entitled to attend the executive session.
(c) Any matter discussed in executive session shall be generally noted in the minutes of the immediately following meeting that is open to the entire membership.
The requisites for formation of a legal contract are an offer, an acceptance, competent parties who have the legal capacity to contract, lawful subject matter, mutuality of agreement, consideration, mutuality of obligation, and, if required under the Statute of Frauds, a writing legal-dictionary.thefreedictionary.com/
AB 1264 2005 Leslie would have eliminated formation of contracts as an excuse to go into executive session
An offer is defined by Treitel as "an expression of willingness to contract on certain terms, made with the intention that it shall become binding as soon as it is accepted by the person to whom it is addressed", the "offeree".[1] Wikipedia.org/
I checked http://creditcard.westlaw.com/ and under this code, they do not have any cases on formation of contracts.
Try http://www.lexisnexis.com/clients/CACourts/
Try the codes below.
California Civil Code
PART 2. CONTRACTS
TITLE 1. NATURE OF A CONTRACT
CHAPTER 1. DEFINITION ........................................ 1549-1550
CHAPTER 2. PARTIES ........................................... 1556-1559
CHAPTER 3. CONSENT ........................................... 1565-1590
CHAPTER 4. OBJECT OF A CONTRACT .............................. 1595-1599
CHAPTER 5. CONSIDERATION ..................................... 1605-1615
TITLE 2. MANNER OF CREATING CONTRACTS ......................... 1619-1633
TITLE 2.5. ELECTRONIC TRANSACTIONS ....................... 1633.1-1633.17
The Essentials For Formation Of Contract
The requirements for formation of contract are agreement and consideration. There is sometimes said to be a third element, namely, intention to create legal relations. But this third element is rarely a problem and it is true to say that, if it is a separate element, it goes without saying in the vast majority of cases.
Agreement entails the transformation of negotiations into a settled bargain or deal. The negotiating process is obviously not contract and the law needs to be able to determine when that process has ceased and the parties have reached finality in their commercial arrangement. The traditional approach to answering the question: have the parties reached agreement? is to apply the rules of offer and acceptance. When a properly constituted offer has been made by one party and accepted by the other, then there is agreement at the moment of acceptance or, more precisely, at the moment of communication of acceptance.
This apparently simple process raises a number of questions which we have to look at, such as: Was an offer made at all? Who makes an offer in certain types of transactions, for example, in auctions or tenders? Is a price list an offer? Is an advertisement an offer? Then it is also necessary to answer further questions about the act of acceptance, such as: does acceptance have to be communicated? Can you accept by silence? Can you accept by just getting on with the commercial task? and so forth.
