Biz law 2 112 Flashcards
- any method by which a legal duty is extinguished.
Discharge
pretrial steps taken to learn the details of the case.
Discovery
operates in the state that granted the charter.
Domestic corporation
third party beneficiary to whom no legal duty is owed and performance is a gift.
Donee beneficiary -
- a written order signed by one person requiring the person to whom addressed to pay a particular sum of money to a third person.
Draft
person, company or financial institution ordered to pay a draft.
Drawee
person who executes any draft.
Drawer
removing one’s free will, obtaining consent by means of a threat.
Duress
the person hired to perform work and who is obligated both as to the work to be done and as to the manner in which it is to be done.
Employee
the party who employs employees to do certain work.
Employer
person who becomes the holder of a negotiable instrument by endorsement which names him or her as the person to whom the instrument is negotiated.
Endorsee
the signature or statement of purpose by the owner on the back of a negotiable instrument, which indicates the future control of the instrument.
Endorsement
person who writes his or her name on back of an instrument.
Endorser
those contracts in which the terms have been fulfilled.
Executed contract
carrying out or completion of some task.
Execution
contract in which the terms have not been completely executed or fulfilled by the parties.
Executory contract
those goods which are, at the time of the contract, in existence and owned by the seller.
Existing goods
the authority of an agent, stated in the document or agreement creating the agency.
Express authority -
a contract in which the parties express their intentions, either verbally or in writing, at the time of the agreement.
Express contract
the actual and definite statement of a seller, either orally or in writing, at the time of the sale.
Express warranties -
largest, most complete right in property.
Fee simple estate –
more serious criminal offense that is punishable by death or by imprisonment in a penitentiary for more than one year.
Felony
relationship of trust and confidence, such as that which exists between partners in a partnership.
Fiduciary