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Contracts Final Exam
FPLC 1L Fall 2009
14
Law
Professional
12/06/2009

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Cards

Term
Offer
Definition
A promise to do or refrain from doing something conditioned on the offeree's power of acceptance
Term
Definition of a Contract
Definition
A legally enforceable promise
Term
Is contract law state or federal?
Definition
Contract law is state law
Term
Elements of Invalid Contracts
Definition

1. Death

2. Lack of consideration

3. Partial Performance

4. Indefiniteness

5. Illegality

Term
Four Elements of a Contract
Definition
Offer, Acceptance, Consideration, and Sufficient Definiteness
Term
Offers and Words of Promise
Definition

"Will" "Shall" and "Promise"

If these words are not used, the communication between the parties is an invitation to make an offer

Term
Offer Termination
Definition

1. Offeror Revokes

2. Offeror Dies

3. Offer Expires

4. Offeree Rejects the Offer (counter offer or qualified acceptance)

Term
Offer Revocation
Definition

The offeror is the master of their offer and can revoke at any time before acceptance. 

1. Applies to those who have actual knowledge of the original offer

2. Revocation does not have to reach the offeree

3. Revocation must have equal publicity to the original offer [OR]

4. Revocation must have the widest practicable publicity under the circumstances

Term
Offer Lapses by the Passage of Time (Expires)
Definition

Offers either specify a term, or have a term of a "reasonable" amount of time.

When the term is not specified, it is a question of fact for a jury.

Term
Offeree Rejects the Offer
Definition

A counter offer is made by the offeree to the offeror proposing a substitute offer to the initial bargain

A qualified acceptance is when the offeree purports to accept, but makes acceptance conditional on assent to additional terms

Term
Acceptance
Definition

The voluntary exercise of power by the offeree transforming the offeror's conditional promise into a contract unless some impediment exists. 

Term
"Mirror Image Rule"
Definition
Traditional common law rule regarding the ability of the acceptance to differ from the offer. Variable acceptance cancels the offer. 
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