Retainer agreement

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Contract law

Part of the common law series

Contract formation

Offer and acceptance Â· Mailbox rule Mirror image rule Â· Invitation to treat Firm offer Â· Consideration

Defenses against formation

Lack of capacity Duress Â· Undue influence Illusory promise Â· Statute of frauds Non est factum

Contract interpretation

Parol evidence rule Contract of adhesion Integration clause Contra proferentem

Excuses for non-performance

Mistake Â· Misrepresentation Frustration of purpose Â· Impossibility Impracticability Â· Illegality Unclean hands Â· Unconscionability Accord and satisfaction

Rights of third parties

Privity of contract Assignment Â· Delegation Novation Â· Third party beneficiary

Breach of contract

Anticipatory repudiation Â· Cover Exclusion clause Â· Efficient breach Fundamental breach

Remedies

Specific performance Liquidated damages Penal damages Â· Rescission

Quasi-contractual obligations

Promissory estoppel Quantum meruit

Subsets

Conflict of law Â· Commercial law

Other common law areas

Tort law Â· Property law Wills, trusts and estates Criminal law Â· Evidence

v â€¢ d â€¢ e

A retainer agreement is work for hire contract intermediate between simple contracting and direct employment but essentially still contracting. One element that distinguishes it from any other service contract is that a primary consideration which the buyer purchases is an option on the sellers time. Another is that it is often a more general hire (and thus more like employment) than the typical contract which is focused on a particular single task or project. For this reason a separate agreement may be in effect for the performance aspect of the contractual relation between buyer and seller.