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Commercial Law
Chap. 4 Vocab
11
Law
Graduate
09/20/2012

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Cards

Term
Consideration
Definition
the thing of value given up by each party to a contract; bargain for exchange
Term
Gift
Definition
voluntary transfer of property for no consideration
Term
Benefit
Definition
is a gain to a party
Term
Detriment
Definition
a detriment is a sacrifice to a party; a party agrees to give up a legal right
Term
Peppercorn Rule
Definition
the court will not try to second guess the parties as to whether the consideration is adequate
Term
Will
Definition
a document by which a person disposes of his property; it takes effect after death
Term
Illusory Promise
Definition
not a real promise; the promisor need not really do anything
Term
Promissory Estoppels
Definition
equitable release. Where a party relies on the promise of another and the promisor, or whould have known that the person would rely on the promise..the court may enforce the promise in order to be fair.
Term
Liquidated Damages
Definition
a claim in which the money amount owed is known
Term
Unliquidated Damages
Definition
a claim for an underdetermined amount
Term
Accord and Satisfaction
Definition
when one party agrees to make partial payment and the other agrees to accept partial payment in full discharge of his claim. Statute 1-540
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