Chapter 10 - Forming a Contract Flashcards

1
Q

Offer

A

Proposal of a deal

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2
Q

Acceptance

A

Party responds in certain way

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3
Q

Consideration

A

Exchange between parties

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4
Q

Legality

A

Contract must be for a lawful purpose

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5
Q

Capacity

A

Parties must be of sound mind

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6
Q

Consent

A

Trickery and force cannot be used in formation of contract

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7
Q

Writing

A

Some contracts must be in writing

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8
Q

Remedy

A

Court will award money or other relief

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9
Q

Bi-lateral Contract

A

Both parties make a promise

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10
Q

Unilateral Contract

A

One party makes a promise and other can only accept by doing something

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11
Q

Executory Contract

A

Agreement in which one or more parties have not fulfilled obligations

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12
Q

Executed Contract

A

Agreement where all parties have fulfilled their obligations

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13
Q

Unenforceable Agreement

A

Court declares that law prevents enforcement of contract

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14
Q

Voidable Contract

A

Can be terminated due to a defect

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15
Q

Void Agreement

A

Agreement that neither party may legally enforce

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16
Q

Express Contract

A

Agreement with all terms explicitly stated

17
Q

Implied Contract

A

Contract where words and conduct of parties indicate intent of an agreement

18
Q

Common Law

A

Common principles developed by courts

19
Q

Uniform Commercial Code

A

Developed to govern many aspects of commerce

20
Q

Goods

A

Things that are movable, other than money

21
Q

Promissory Estoppel

A

Remedy for defendant in case of no valid contract

22
Q

Quasi-Contract

A

Remedy for plaintiff in case of no contract

23
Q

Revocation

A

Cancellation of offer

24
Q

Mirror Image Rule

A

Contract doctrine that required acceptance to be on exactly same terms as the offer

25
Q

Mailbox Rule

A

Acceptance is effective upon dispatch