Ch 3 - Formation Of A Contract Flashcards

1
Q

Actions resulting in the termination of a contract? ( 5 points)

A

Express rejection, counter offer, lapse of time, revocation, death.

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2
Q

5 essential features of a contract?

A

Offer, acceptance, consideration, intention, capacity.

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3
Q

General rule involving communication of acceptance?

A

Acceptance may be in the form of a written document or oral conduct.
Silence should not be considered as acceptance.

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4
Q

The element of value in an agreement is defined as _______?

A

Consideration.

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5
Q

What are the 3 forms of consideration?

A

1.executory: the promise to perform an action.
2.executed: act given in return for promise.
3.past: strict order that consideration must be paid/ supplied after an agreement has been formulated.

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6
Q

3 laws under equitable doctrine of promissory estoppel?

A
  1. Creditor makes promise to waive a debt.
  2. Debtor relies on the promise to their detriment.
  3. Creditor is aware of the reliance made by the debtor.
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