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Chapter 10
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20
Business
Undergraduate 1
10/28/2012

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Term
Bilateral Contract
Definition
a type of contract that arises when a promise is given in exchange for a return promise.
Term
Contract
Definition
an agreement that can be enforced in court; formed by two or more parties, each of whom agrees to perform or to refrain from performing some act now or in the future.
Term
Executed contract
Definition
a contract that has been completely performed by both parties
Term
Executory contract
Definition
a contract that has not as yet been fully performed.
Term
Express contract
Definition
a contract in which the terms of the agreement are fully and explicitly stated in words, oral or written.
Term
formal contract
Definition
a contract that by law requires a specific form, such as being executed under seal, to be valid.
Term
implied-in-fact contract
Definition
a contract formed in whole or in part from the conduct of the parties(as opposed to an express contract). Also known as implied contract.
Term
Informal contract
Definition
a contract that does not require a specified form or formality in order to be valid.
Term
Offeree
Definition
a person to whom an offer is made
Term
Offeror
Definition
a person who makes an offer.
Term
Promise
Definition
a person's assurance that he or she will or not do something.
Term
Promisee
Definition
a person to whom a promise is made.
Term
Promisor
Definition
a person who makes a promise.
Term
Quantum Meruit
Definition
literally "as much as he deserves." an expression describing the extent of liability on a contract implied in law (quasi contract). an equitable doctrine based on the concept that one who benefits from another's labor and materials should not be unjustly enriched thereby but should be required to pay a reasonable amount for the benefits received, even absent a contract.
Term
Quasi contract
Definition
a fictional contract imposed on parties by a court in the interests of fairness and justice; usually, quasi contracts are imposed to avoid the unjust enrichment of one party at the expense of another.
Term
unenforceable contract
Definition
a valid contract rendered unenforceable by some statute or law.
Term
unilateral contract
Definition
a contract that results when an offer can only be accepted by the offeree's performance.
Term
valid contract
Definition
a contract that results when elements necessary for contract formation (agreement consideration, legal purpose, and contractual capacity) are present.
Term
void contract
Definition
a contact having no legal force or binding effect.
Term
voidable contract
Definition
a contract that may be legally avoided (cancelled, or authorized) at the option of one of the parties.
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