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Commercial Law
Chapter 1 Vocab
22
Law
Post-Graduate
09/03/2012

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Term
Contract
Definition
A legal obligation that arises from an agreement. A Binding Agreement that is legally enforceable.
Term
Agreement
Definition
the actual bargain of the parties
Term
Binding
Definition
A court will enforce an agreement against a party. He is bound by an obligation to perform
Term
Promise
Definition
a manifestation of intent to act or to refrain from doing an act
Term
Performance
Definition
an act or omission (doing or refraining from doing something)
Term
Terms
Definition
Provisions that are part of a contract
Term
Precedent
Definition
prior decisions of the same court or a higher court that a judge must follow; a decision on a certain set of facts which should be followed in a last case with substantially the same facts.
Term
Stare decisis
Definition
let the decision stand. Judges us the decision of an earlier case to decide a later case.
Term
Common Law
Definition
law found in the decisions of the courts rather than in statutes. Judge-made law.
Term
Restatement of Contracts
Definition
This is a treatise, a compilation of the generally accepted legal principles in an area of law. It is not binding and is not mandatory. It can be cited and a judge may consider the decision if there is no precedent.
Term
Statutory Law
Definition
law created by legislation
Term
Uniform Commercial Code
Definition
Statutory contract law developed by a committee, adopted in all states including NC in whole or in part.
Term
UCC Article 2: Sales
Definition
Uniform Commercial Code applying to domestic sales with two criteria - transactions involving the sale of goods and merchants.
Term
NC General Statutes
Definition
law made by the legislature in North Carolina
Term
Magnuson-Moss Warranty Act
Definition
federal law that address warranties and sales of products for use by households, families, or individuals; consumer products
Term
U.S. Code
Definition
compilation of federal statutory law
Term
Lemon Law
Definition
a law protecting consumers who purchase substandard cars; a type of state consumer protection law.
Term
E-Commerce
Definition
commercial transactions conducted electronically
Term
treatise
Definition
secondary sources that are scholarly books on a specific legal subject.
Term
Dougles Forms
Definition
a North Carolina formbook that covers forms for many topics
Term
Robinson, North Carolina Corporations
Definition
type of formbook specific to corporations; this is a treatise, but at the end of it one can find forms.
Term
North Carolina Business Court
Definition
specialized court in NC trial division.  It hears cases involving complex issues on corporate and commercial law.
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