Chapter 13 Flashcards
what is chapter 13 about
consideration
consideration
as the value given in return for a promise or in return for a performance
two parts of consideration
something of legally sufficient value must be given tin exchange for the promise/
must be a bargained for exchange
forbearance
the refraining from an action that one has a legal right o undertake
rescission
mutually agree to rescind or cancel the contract
illusory
without consideration and unenforceable
accord and satisfaction
a debtor offer to pay, and a creditor accepts, a lesser amount than the creditor originally claimed was owed
Accord
agreement
liquidated debt
one whose amount had been ascertained, fixed, agreed on, settled, or exactly determined
unliquidated debt
debt is not settled, fixed, agreed on, ascertained, or determined, and people may differ over amounts owed
release
a contract in which one party forfeits the right to pursue a legal claim against the other party
how release happens
agreement is made in good faith/
release contract is in a signed writing /
contract is accompanied by consideration
covenant not to sue
substitute a contractual obligation for some other type of legal actions based on the valid claim
promissory estoppel
a person who has reasonably and substantially relied on the promise of another may be able to obtain some measure of recovery
estopped
prevented