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Business Law and the Legal Environment
Chapter 10, Standard Edition, 4th Edition
21
Law
Undergraduate 1
04/24/2012

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Cards

Term
Contract
Definition
A promise that the law will enforce.
Term
Bilateral Contract
Definition
Both parties make a promise.
Term
Unilateral Contract
Definition
One party makes a promise that the other party can accept only by doing something.
Term
Express Contract
Definition
The two parties explicitly explain all the important terms of their agreement.
Term
Implied Contract
Definition
The words and conduct of the parties indicate that they intended an agreement.
Term
Executory Contract
Definition
When one or more parties has not fullfilled it's obligations.
Term
Executed Contract
Definition
When all parties have fullfilled their obligations.
Term
Valid Contract
Definition
One that satisfies all of the law's requirements.
Term
Unenforceable Contract
Definition
When parties intend to for a valid agreement but a court declares some rule of law prevents enforcing it.
Term
Voidable Contract
Definition
When the law permits one party to terminate the agreement.
Term
Void Contract (agreement)
Definition
One that neither party can enforce.
Term
Agreement
Definition
One party must make an offer and the other party must accept it.
Term
Consideration
Definition
There has to be a bargaining that leads to an exchange between parties.
Term
Legality
Definition
The contract must be for a lawful purpose
Term
Capacity
Definition
The parties must be adults of sound mind.
Term
Consent
Definition
Neither party may trick or force the other into agreement
Term
Written Contracts
Definition
Some contracts must be in writing to be enforceable.
Term
Third Party Interests
Definition
Some contracts affect people other than the parties themselves.
Term
Performance & Discharge
Definition
If a party fully accomplishes what the contract requires, his duties are discharged.
Term
Remedies
Definition
A court will award money or other relief to a party injured by a breach of contract.
Term
3 Basic Questions of Common Sense
Definition
*Is it certain that the defendant promised to do something?
*If she did promise, is it fair to make her honor her word?
*If she did not promise, are there unusual reasons to hold her liable anyway?
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