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Indiana University Studies 
and may be waived by contract so far as not against public 
policy. 
(h) Privacy. The right of privacy has been so recently 
established that definition and explanation should not be at- 
tempted. It seems at least to include the right of a person 
to have others refrain from using his name or picture with- 
out his consent for purposes of trade or for advertising pur- 
poses. It is a natural innate private antecedent legal right. 
(a) Contract. A contract is a legal obligation (private 
antecedent legal right in personam), created by the law, as 
a result of a promise, or set of promises, under seal, of record, 
or in the form of agreement. A contract under seal is one 
with a promise, or set of promises in writing, sealed and 
delivered. An agreement is the meeting of at least two minds 
in the objective sense in one and the same intention by means 
of an offer and an acceptance. It is the expression of assent. 
An offer is an act giving the offeree the power to create an 
agreement by the acceptance of a conditional promise. It 
is an act, whereby one party, by proposing to give a promise 
to another for a promise or other act of the other, gives the 
other by acceptance the power of creating an agreement. It 
is a proposal by one person to give or do something for an 
act other than a promise or for a promise of another. The 
person making an offer exercises a privilege, while the person 
making the acceptance also exercises a power. An acceptance 
is the creation of an agreement by the expression of assent 
to the terms of an offer pursuant to the power given by the 
offer. It is the exercise by the offeree of the power given to 
him by the offeror to create an agreement by the expression 
of assent to the terms of the offer. It is an absolute and un- 
conditional accession to the identical terms of the offer, either 
by an act other than a promise or by a promise as required 
by the offer. The agreement, to give rise to a valid contract, 
must be definite and certain; be made by competent parties; 
be made with intent to create legal relations ; be free from 
mistake, fraud, duress, and undue influence; rest upon suffi- 
cient consideration; have a lawful object; and be in the form 
required by the law of evidence, where there is any require- 
ment. If all these conditions have been met the law will 
create a legal right in personam in favor of one or both of 
the parties, and a correlative legal obligation upon the other. 
