104 Flashcards

1
Q

“to draft a contract”

A

to prepare the document

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2
Q

execution of contract

A

the signing of the contract

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3
Q

manufacturing licence agreement

A

a contract to produce a product respecting intellectual property

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4
Q

distribution agreement

A

a contract to market another company’s goods

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5
Q

franchise agreement

A

the right to operate a business using the trademarks of a famous brand

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6
Q

consultancy agreement

A

a contract for independent advice

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7
Q

contract of hire

A

to rent and use goods in a service

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8
Q

contract under seal

A

a contract that does not require consideration ≠ simple contract (not under seal)

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9
Q

loan agreement

A

a contract for money borrowed

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10
Q

click wrap agreement

A

an online contract signed with a click

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11
Q

intent

A

a determined mental attitude

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12
Q

legal subject matter

A

the business at hand must be legal

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13
Q

legal consideration

A

the incentive to contract must be legal

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14
Q

mutuality of agreement

A

both parties must share the purpose of the agreement

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15
Q

mutuality of obligation

A

the consent of both parties to respect the conditions of the contract

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16
Q

absence of duress

A

no pressure to make the deal

17
Q

conditions

A

essential terms that must be respected

18
Q

express terms

A

clauses clearly stipulated in the contract

19
Q

implied terms

A

presumed intentions that are not explicitly stated

20
Q

prices and payment clause

A

regards consideration

21
Q

law and jurisdiction clause

A

specifies which country’s laws apply

22
Q

remedy clause

A

the right of the non-breaching party to receive compensation

23
Q

arbitration clause

A

states how disputes will be independently mediated

24
Q

confidentiality clause

A

regards the treatment of private data

25
Q

termination clause

A

the right to end the contract under certain circumstances

26
Q

“to draw up a contract”

A

to draft a contract