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CPCU 530 - Chapter 2
Vocab
26
Law
Professional
03/07/2009

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Term
Contract
Definition
A legally enforceable promise (2.4)
Term
Promisor
Definition
The party to a contract making a promise (2.4)
Term
Promisee
Definition
The party to a contract to whom a promise is made (2.4)
Term
Third-party beneficiary
Definition
A person who is not a party to a contract but how benefits from it and has a legal right to enforce the contract if it is breached by either of the contracting parties (2.4)
Term
Breach of contract
Definition
The failure of a party to a contract, without legal excuse, to perform all or part of the contract (2.4)
Term
Privity of contract
Definition
The connection or relationship between parties to a contract because they have mutual interests (2.4)
Term
Agreement
Definition
One party's offer and another party's acceptance of that offer (2.4)
Term
Capacity to contract
Definition
A legal qualification that determines one's ability to enter into an enforceable contract (2.4)
Term
Consideration
Definition
Something of value or bargained for and exchanged by the parties to a contract (2.5)
Term
Bilateral contract
Definition
A contract in which each party promises a performance (2.5)
Term
Unilateral contract
Definition
A contract in which only one party makes a promise or undertakes the requested performance (2.5)
Term
Executed contract
Definition
A contract that has been completely performed by both parties (2.5)
Term
Executory contract
Definition
A contract that has not been completely performed by one or both of the parties (2.6)
Term
Express contract
Definition
A contract that contains both the terms and the parties' intentions, either in writing or orally (2.6)
Term
Implied-in-fact contract
Definition
A contract that is not express but that the parties presumably intended, either by tacit understanding or by the assumption that it existed (2.6)
Term
Implied-in-law contract
Definition
An obligation that is not an actual contract but that is imposed by law because of the parties' conduct or some special relationship between them or because one of them would otherwise be unjustly enriched (2.6)
Term
Voidable contract
Definition
A contract that one of the parties can reject (avoid) based on some circumstance surrounding its execution (2.7)
Term
Void contract
Definition
An agreement that, despite the parties' intentions, never reaches contract status and is therefore not legally enforceable or binding (2.7)
Term
Offer
Definition
A promise that requires some action by the intended recipient to make an agreement (2.8)
Term
Counteroffer
Definition
A proposal an offeree makes to an offeror that varies in some material way from the original offer, resulting in rejection of the original offer and constituting a new offer (2.12)
Term
Option contract
Definition
An agreement to keep an offer open for a stated period, supported by consideration (2.13)
Term
Acceptance
Definition
The second step of an agreement; occurring when an offeree agrees to a proposal or does what the offeror proposed (2.13)
Term
Forbearance
Definition
The act of giving up or the promise to give up a legal right (2.17)
Term
Substantial performance
Definition
The performance of the primary, necessary terms of an agreement (2.17)
Term
Competent party
Definition
A party to a contract who has the basic or minimal ability to do something and the mental ability to understand problems and make decisions (2.19)
Term
Restitution
Definition
The act of making an injured party whole again (2.20)
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