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chp 13
business law chp 13 q
24
Accounting
Undergraduate 3
02/07/2015

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Term
contract
Definition
a set of legally enforceable promises
Term
covenant not to compete
Definition
restricts what an employee may do after leaving a company,; often dictate where, when, and with whom an employee can work
Term
components of a contract
Definition
agreement and acceptance; consideration; contractual capacity; legal object
Term
agreement
Definition
an offer by one party (offeror) to enter into a contract acceptance of the terms by the other party (offeree)
Term
consideration
Definition
the bargained-for exchange; what each party gets in exchange for his or her promise under the contract
Term
contractual capacity
Definition
the legal ability to enter into a binding agreement
Term
legal object
Definition
the cataract cannot be illegal or against public policy
Term
lack of genuine asset
Definition
the contract was accepted by the offeree through improper means (fraud, duress, undue influence, or misrepresentation)
Term
Uniform Commercial Code (UCC)
Definition
a set of commercial laws that could be applicable to all states ;the UCC became law in each state that adopted it in whole or in part as an element of its state code
Term
article 2 of UCC code
Definition
contract for the sale of a good
Term
article 2a of UCC code
Definition
governs contracts for lease of a good
Term
bilateral contract
Definition
a promise for a promise (e.g. I promise to pay you $10 dollars and you promise to paint my door)
Term
unilateral contract
Definition
a promise for an action (e.g. a reward for finding dog)
Term
express contract
Definition
the terms of the contract are explicitly and clearly set forth in written or spoken words
Term
implied contracts
Definition
arise not from words but from the conduct of the parties; (e.g. if ambulance drives you to the hospital)
Term
quasi-contracts
Definition
implied-in-law contracts; imposed contractual obligations on one of the parties to prevent one party from being unjustly enriched at the expense of another
Term
valid contract
Definition
legal contract; enforceable
Term
valid-unenforceable contract
Definition
a law prohibits the courts from enforcing the contract (e.g. the contract must be in writing)
Term
void contract
Definition
not a contract; illegal or otherwise defected
Term
voidable contract
Definition
if one or both parties has the ability to either withdraw from the contract or enforce it; certain errors make a contract voidable (minor, duress/fraud, etc.)
Term
executed contract
Definition
all the terms of the contract have been fully performed
Term
executory contract
Definition
some of the terms of the contract have not been performed
Term
formal contract
Definition
contract with a special form or must be created in a specific manner
Term
types of formal contracts
Definition
1) contract under seal; 2) recognizances; 3) letters of credit; 4) negotiable instruments
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