Chap. 7 Flashcards

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0
Q

Promisor

A

Person making the promise

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1
Q

Promise

A

A commitment or understanding that something will or will not happen in the future

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2
Q

Promisee

A

Person whom the promise is made

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3
Q

Contract

A

Promise or set of promises that if breached the law with give a remedy!!

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4
Q

Jointly liable

A

Each promisor undertakes the duty to render the same performance

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5
Q

Severally liable

A

Each party is liable individually

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6
Q

Joint and several

A

Promisors bind themselves jointly as one party and also severally as separate parties

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7
Q

Enforceable

A

Promise is enforceable as contract if it

  1. ) offer made by one party is accepted by the other
  2. ) consideration
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8
Q

Unenforceable

A

No contract remedy. Unenforceable example- performance is illegal

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9
Q

Void promise

A

A promise without legal force or effect

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10
Q

Voidable

A

Contract where one or more parties have the power by electing to avoid the legal relations created by the contract

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11
Q

Ratification

A

Extinguishes the persons power of avoidance and makes the contract enforceable against the person with the power to avoid the contract

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12
Q

Informal contract

A

Has the basic elements of an enforceable contract

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13
Q

Formal contract

A

Under seal, recognizance, negotiable

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14
Q

Contract under seal

A

Written promise with seal on it

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15
Q

Recognizance contract

A

Promise made by promisor to make a certain payment unless a specified event occurs

16
Q

Negotiable contract

A

Instruments (checks)
Documents or titles (bills, lading, warehouse receipts)
Investment (stocks)

17
Q

Unilateral

A

Promise (reward) in exchange for performance of an act

18
Q

Bilateral

A

At least two promises in which both parties are a promisor and a Promisee

19
Q

Express

A

Contract that is either oral or written

20
Q

Implied in fact

A

Example- Having to pay the cab driving after he drops you off

21
Q

Quasi- contract

A

Remedy of restitution (unjust enrichment)

22
Q

Executed

A

Promise or contract has been completed

23
Q

Executors

A

Yet to be performed

24
Q

Discharge

A

Terminate a contractual obligation

25
Q

Parties

A

The promisor and the the promisees

26
Q

Third party

A

Person other than one if the contracting parties who is affected by the contract

27
Q

Goods

A

All things which are movable at the time of identification to the contract of sale

28
Q

Merchant

A

Deals with the specific good or says that they deal with that good