Shared Flashcard Set

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Business Law
Contract Law
14
Law
Undergraduate 4
10/09/2010

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Cards

Term
Express Contract
Definition
Contract formed by language, oral or written
Term
Implied Contract
Definition
Contract formed by conduct
Term
Formal Contract
Definition
Law requires some formality for formation e.g.; seal, notary signature, or a requirement of witnesses. Failure to meet requirements means no contract was formed
Term
Simple Contract
Definition
No Formality Required
Term
Formal vs. Simple
Definition
Not about complexity: a formal contract can be 1 page while a simple contract could be 200 pages
Term
Executed Contract
Definition
Contract that has been performed
Term
Executory Contract
Definition
Contract that has yet to be performed
Term
Bilateral
Definition
Contract where two promises are exchanged
I promise you this if you promise that
Term
Unilateral Contract
Definition
Promise is exchanged for an act
I promise you this if you do that
Term
Quasi-Contract
Definition
not a type of contract, a legal principle created by judges to try to undo injustice in the absence of a contract using contract law principles
Term
4 requirements
Definition
Mutual Assent, Consideration, Capacity, Legal Subject
Term
Mutual Assent
Definition
Manifestation of present intent to
be bound to a contract
Term
Outline for Contract
Definition
Creation of Offer, Termination of Offer
Acceptance
Term
Exceptions to Offeror Revocation
Definition
Option K (deposit type stuff)
Reliance (offerree has relied on the offer in forming other contracts)
Unilateral K- offeree has begun performance (reasonable time has to be given)
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