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Chapter 9
Contracts
9
Law
Undergraduate 2
05/05/2013

Additional Law Flashcards

 


 

Cards

Term

 

 

Assignment

Definition

 

Transfering some or all of a person's rights arising under a contract

Term

 

 

Delegation

Definition

 

Transfer of a contractual duty to a third party; the party delegation is still responsible for the performance if the third party does not

Term

 

 

Exculpatory Clause

Definition

 

Releases a party from liability in the event of of loss/injury, regardless of who is at fault 

Term

 

 

Executory Contract

Definition

 

Contract which has not yet been fully performed; opposite of executed contract

Term

 

 

Objective Theory of Contracts

Definition

 

The intent to form a contract will be judged by objective facts (outward behavior) rather than subjective intentions (secret motivations)

Term

 

 

Promissary Estoppel

Definition

 

A doctrine that applies when a promisor makes a clear and definite promise on which the promisee relies

Term

 

 

Rescission

Definition

 

A remedy where a contract is canceled and the parties are returned to the position prior to the contract formation

 

Term

 

 

Revocation

Definition

 

Withdrawal of an offer; must be done before acceptance

Term

 

 

Statutue of Frauds

Definition

 

A state statute under which certain types of contracts must be in writing to be enforceable

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