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Contract Flash Cards
flash cards for contracts, offers, etc.
13
Law
10th Grade
02/21/2007

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Term
contract
Definition
an agreement between two or more parties that creates an obligation
Term
elemts of legally enforceable contract
Definition
1. Agreement comprised of an offer and an acceptance
2. Supported by consideration
3. Made by parties with capacity to contract
4. Genuinely assented to
5. For a legal purpose
6. In writing when required.
Term
elemts of legally enforceable contract
Definition
1. Agreement comprised of an offer and an acceptance
2. Supported by consideration
3. Made by parties with capacity to contract
4. Genuinely assented to
5. For a legal purpose
6. In writing when required.
Term
express contract
Definition
Terms set down in a clear0cut fashion, either orally or in writing
Term
impleied contract
Definition
Terms are not stated, instead they are determined from the surrounding circumstances or an established pattern of dealings.
Term
bilateral contract
Definition
one that obligates all parties to it to perform according to their promises.
Term
unilateral contract
Definition
a contract inwhich one party may be obligated to fulfill a contractual promise and then only if anothe rparty performs?
Term
Offer is composed of...
Definition
1. Offeror must appear to intend to create a legal obligatoin
2. Terms must be definite and complete
3. offer must be communicated to the offeree
Term
acceptance
Definition
the agreement by an offeree to the terms of the offer.
Term
Ratification
Definition
when a person acts toward the contract as though he or she intends to be bound by it
Term
Lackof Genuine ASsent
Definition
- a MISTAKE does not release a person from a contract
- CONCEALMENT is not revealing something to a person in a contract, still makes the contract legal
- misrepresentation-an innocent misstatement of a significant fact by a party, makes the contract voidable
- fraud - a reckless or intentionall misrepresentation in order to getn the other party to enter into the contract and the other partyt does so withoughta good way to check on the untruth.
Term
Gamvling
Definition
- based on luck rather than skill
- a prize for one or more winners
- payment to participate
Term
Concenant not to compete
Definition
include:
- price fixing
- markey allocations
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