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Law Chapter 12
vocab
9
Law
Undergraduate 3
05/09/2011

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Term
consideration
Definition
usually defined as the value (such as cash) given in return for a promise (such as the promise to sell a stamp collection on receipt of payment) or in return for a performance.
Term
forbearance
Definition
the refraining from an action that one has a legal right to undertake.
Term
Rescission
Definition
is the unmaking of a contract so as to return the parties to the positions they occupied before the contract was made.
Term
past consideration
Definition
no consideration
Term
accord and satisfaction
Definition
involves a debtor's offer of payment and a creditor's acceptance or a lesser amount than the creditor originally claimed was owed.
Term
accord
Definition
is the agreement under which one of the parties undertakes to give or perform.
Term
satisfaction
Definition
takes place when the accord is executed. There can be no satisfaction if there is no accord.
Term
release
Definition
is a contract in which one party forfeits the right to pursue a legal claim against the other party. It bars any further recovery beyond the terms stated in the release.
Term
covenant not to sue
Definition
is an agreement to substitute a contractual obligation for some other type of legal action based on a valid claim. Does not always bar further recovery.
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