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Commercial Law
Chap. 2 Vocab
20
Law
Post-Graduate
09/03/2012

Additional Law Flashcards

 


 

Cards

Term
Offer
Definition
a proposal made manifesting a willingnes to enter into a contract.
Term
Offeror
Definition
the person making the offer.
Term
Offerree
Definition
the person to whom an offer is made.
Term
acceptance
Definition
a response to an offer manifesting a willingness to enter into a contract.  It includes the intent to be bound by the terms of the offer.
Term
consideration
Definition
value paid for the promise. It's the thing of value which is given up by each party to the contract.
Term
mutual assent
Definition
a meeting of the minds; both parties to a contract have the same understanding of the terms of the contract and agree to be bound by them.
Term
capacity
Definition
for the contract to be binding, both parties to the contract must have the legal ability to enter into the contract; 2 criteria - competency of sound mind and age/18 years of age or older.
Term
legality
Definition
all contracts must have a legal purpose to be enforceable. The condition of conformity with the law; lawfulness.
Term
Statute of Frauds
Definition

an ancient law that says some certain contracts need to be in writing and signed to be enforceable;

 

ex. real property, contracts to purchase, co-signor/answering the debt of another.

Term
Bilateral Contract (K)
Definition
a contract which consists of a promise for a promise (2 way promise)
Term
Unilateral Contract (K)
Definition
a contract consisting of a promise for performance. A promise is made from one side only.
Term
Express Contract (K)
Definition
a contract whose terms are specifically stated by the parties
Term
Implied Contract (K)
Definition

a contract that is inferred from the actions of the party.

 

ex. restaurant order that you will pay the prices.

emergency  room visit for treatment

Term
Quasi - Contract (K)
Definition
an obligation imposed by a court of law to achieve equity between the parties; usually to prevent unjust enrichment of one party to the detriment of the other.
Term
Quantum Meruit
Definition
This is a remedy.  It is the relief you get from a lawsuit. Reasonable compensation that a person should receive based on the benefits the other party has received.
Term
Executed Contract (K)
Definition
a contract that has been fully performed
Term
Executory K
Definition
This is a contract not yet fully performed
Term
Voidable Contract (K)
Definition
a contract that can be cancelled by one of the parties, but it is not automatically void.
Term
Void K
Definition
a contract with no legal effect
Term
unenforceable contract
Definition
some problem with the contract and it keeps the court from willing to enforce it.
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