Shared Flashcard Set

Details

Business Law-Chapter 20
Business Law. Chapter Twenty. The Formation of Sales and Lease Contracts.
18
Law
Undergraduate 4
02/19/2014

Additional Law Flashcards

 


 

Cards

Term
choice-of-language clause
Definition
to make sure that no disputes arise out of this language problem, an international sales contract should have this designating the official language by which the contract will be interpreted in the event of disagreement
Term
choice-of-law clause
Definition
a contractual provision designating the applicable law is typically included in every international contract
Term
course of dealing
Definition
a sequence of previous actions and communications between the parties to a particular transaction that establishes a common basis for their understanding
Term
course of performance
Definition
the conduct that occurs under the terms of a particular agreement
Term
firm offer
Definition
arises when a merchant-offeror gives assurances in a signed writing that the offer will remain open
Term
force majeure clause
Definition
commonly stipulate that in addition to acts of God, a number of other eventualities may excuse a party from liability for nonperfomance; every contract, and particularly those involving international transactions, should have this
Term
lease agreement
Definition
a lessor and lessee's bargain with respect to the lease of goods, as found in their language and as implied by other circumstances
Term
lessee
Definition
one who acquires the right to the possession and use of goods under a lease
Term
lessor
Definition
one who transfers the right to the possession and use of goods under a lease
Term
merchant
Definition
when a person, acting in a mercantile capacity, possesses or uses an expertise specifically related to the goods being sold
Term
output contract
Definition
the seller agrees to sell and the buyer agrees to buy all or up to a stated amount of what teh seller produces
Term
predominant-factor test
Definition
determines whether a contract is primarily for the sale of goods or for the sale of services
Term
requirements contract
Definition
the buyer agrees to purchase and the seller agrees to sell all or up to a stated amount of what the buyer needs or requires
Term
sale
Definition
"the passing of title (evidence of ownership rights) from the seller to the buyer for a price"
Term
sales contract
Definition
contracts for the sale of goods
Term
seasonably
Definition
within a reasonable amount of time
Term
tangible property
Definition
has physical existence--can be touched or seen
Term

usage of trade

 

Definition
defined as any practice or method of dealing having such regularity of observance in a place, vocation, or trade as to justify an expectation that it will be observed with respect to the transaction in question
Supporting users have an ad free experience!