4.1 Flashcards

0
Q

For a contract to be valid, there must be a meeting of the ______.

A

Minds

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
1
Q

To have a valid contract, you must be at least ______ years old, sane, and sober.

A

18

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

In contracts, the term “consideration” means ________.

A

Something of value

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

True or False:

A contract is valid, even if the purpose is not legal.

A

False

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

True or False:

A valid contract may be misunderstood, but cannot be fraudulent.

A

False

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

True or False:

A real estate contract must be in writing to be valid.

A

True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

True or False:

For a contract to be enforceable, it must be valid and be enforceable in a court of law.

A

True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

When at least on e of the parties has the right to terminate a contract, it is _________.

A

Voidable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

______ is a term that means to avoid doing something.

A

Forbearance

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

_____ is a kind of contract that gives someone the right to purchase a property within a specific period of time.

A

Option contract

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

_______ kind of contract is one in which the circumstances imply that parties have reached an agreement, even though they have not done so in writing.

A

Implied in fact

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

_____ is a kind of contract that means two parties make a promise to each other.

A

Bilateral

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

______ is the process that transfers all rights and obligations from the original owner to the new owner.

A

Novation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

A document page that adds to a contract is called a/an ______.

A

Addendum

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

A document page that amends a contract is called a/an ________.

A

Amendment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

______ is a condition that is intended to go into effect, or has the potential of becoming effective, at a future time.

A

Executory

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

A legal _______ is when a duty required by the contract cannot legally be performed.

A

Impossibility

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

To make a contract enforceable it must be valid, meet all legal requirements, and be binding and enforceable in _____.

A

Court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

If a contract is held to be ______, the contract is considered never to have come into existence.

A

Void

19
Q

A contract is _______ if one of the parties has the option to terminate the contract.

A

Voidable

20
Q

A/an ______ contract is one in which the terms are expressed in words, either oral or written.

A

Express

21
Q

In a _______ contract, only one party to the contract makes a promise.

A

Unilateral

22
Q

An _____ of a contract is when a party transfers duties and/or obligations but not responsibility of the contract.

A

Assignment

23
Q

A contract transferred by the _____ process transfers all rights and obligations from the original owner to the new owner.

A

Novation

24
Q

When both parties have performed their duties under the contract, the contract is _______.

A

Executed

25
Q

______ is when both parties agree to cancel the contract.

A

Rescission

26
Q

______ of contract is when a binding agreement is not honored by one or more of the parties to the contract due non-performance or interference with the other party’s performance.

A

Breach

27
Q

The statute of _____ is a maximum period of time after certain events happen that legal proceedings based on those events may be initiated.

A

Limitations

28
Q

Specific _____ is an order of the court that requires a party to perform a specific act.

A

Performance

29
Q

_____ is a contractual term that means damages are to be paid to one party if the other party should breach the contract.

A

Liquidated damages

30
Q

______ damages means excessive liquidated damages, and are valid under the common law.

A

Penal

31
Q

True or False:

Each party must ahve the intent to be bound for a contract to be valid.

A

True

32
Q

True or False:

There must be a communicated acceptance of a contract for it to be valid.

A

True

33
Q

A debit to the seller on the closing settlement statement _____ the amount of money the seller receives at the closing.

A

Decreases

34
Q

A debit to the buyer on the closing settlement statement _______ the amount of money the buyer is responsible for bringing to closing.

A

Increases

35
Q

True or False:

Closing statement credits are receipts.

A

True

36
Q

A person needing to cross another’s property to reach a road is an example of _______.

A

Easement by necessity

37
Q

If a person dies ______ they have a will.

A

Testate

38
Q

If a person dies ______ they do not have a will.

A

Intestate

39
Q

If a person dies testate his or her interest in the property will be transferred to _____.

A

The devisee named in his will

40
Q

The statutory period for adverse possession in Minnesota is ______ years.

A

15

41
Q

_______ is the loss of property for nonpayment of debts.

A

Involuntary alienation

42
Q

When a person dies, the legal process his or her estate must go through is _______.

A

Probate

43
Q

______ is when a decedent dies without leaving a will.

A

Intestate

44
Q

______ is the act of giving real property by will.

A

Devise