Chapter 16: Elements Of A Contract Flashcards

1
Q

Valid contract

A

Contract (agreement enforceable by law) that includes all the essential elements; offer and acceptance, consideration, capacity, consent, legal purpose

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2
Q

Contract

A

Agreement enforceable by law including express and implied contracts, simple contracts or contracts under seal

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3
Q

Offer and acceptance

A

Proposal that expresses the willingness of one party to enter into a contract, followed by an assent by the other party in words or deed; called a “meeting of the minds”

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4
Q

Consideration

A

Sth of value exchanged b/w the parties to a contract; categorized as past, present, or future consideration

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5
Q

Capacity

A

Ability to understand the nature and effect of one’s actions, such as marriage; legal ability to enter a contract on one’s behalf

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6
Q

Consent

A

Agreement given freely and voluntarily, in good faith

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7
Q

Lawful purpose

A

Lawful (not illegal) reason or objective

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8
Q

Express contract

A

Oral or written contract (agreement enforceable by law) in which the terms and conditions are clearly defined and understood by the parties; the opposite of an implied contract

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9
Q

Implied contract

A

Contract that is suggested or understood without being openly and specifically stated; the opposite of an express contract

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10
Q

Simple contracts

A

Contracts that are either express or implied, oral or written, and not under seal

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11
Q

Contracts under seal

A

Written contract in formal language, signed and witnessed, and with a red seal to signify serious intent

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12
Q

Offeror

A

In a contract, the party who makes an offer

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13
Q

Offeree

A

In a contract, the party to whom the offer is made

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14
Q

Meeting of the minds

A

The arriving at a mutual understanding and binding agreement by an offerer and offeree

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15
Q

Invitation to treat

A

Encouragement, through advertising or display of goods, to prospective buyers to make offers

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16
Q

Performing

A

Carrying out, or completing, as in terms of a contract

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17
Q

Lapse

A

The termination, or ending, of an offer because it is not accepted

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18
Q

Revocation

A

In contract law, the cancellation or taking back of an offer by the offeree before it is accepted

19
Q

Counteroffer

A

A new offer made in response to the original offer that varies or qualifies the original, and so brings the original to an end/nullifies it

20
Q

E-commerce

A

Business transactions conducted over the internet or electronic systems of communication

21
Q

Negative option marketing

A

A sales approach in which offerees are contractually bound to an offer unless they declare their rejection of it

22
Q

Present consideration

A

Exchange of something of value b/w the parties to the contract at the time the contract is formed; usually money for goods or services

23
Q

Future consideration

A

The promise of a future exchange of something of value b/w the parties to a contract

24
Q

Past consideration

A

Promise to pay a person for services already performed; not legally binding

25
Necessaries
Goods and services needed to ensure a person's health and welfare (clothes, food, shelter); as opposed to non-necessaries
26
Station in life
One's social standing or rank in society
27
Void
Without legal force; invalid, as in a marriage or other contract
28
Voidable contract
Contract that may be valid or void at the option of one or both parties
29
Non-necessaries
Goods and services that are not required for one's health and welfare
30
Caveat Emptor
Latin phrase meaning "let the buyer beware"; a principal in contract law
31
Misrepresentation
An untrue statement, or one that gives a false impression, about specific goods or services; can be innocent or fraudulent misrepresentation
32
Material fact
A truth (fact) that persuades a buyer to enter into a contract
33
Innocent misrepresentation
An untrue statement, or one that gives a false impression about specific goods or services made thinking the statement was true
34
Rescission
Cancellation or revocation of a contract
35
Fraudulent misrepresentation
Untrue statement or one that gives a false impression about specific goods or services that is made knowingly and with the intent of deceiving
36
Unilateral mistake
An error made by one party and recognized, but not corrected, by the other party; a one-sided mistake
37
Clerical mistake
An error caused by a clerk or other employee, typically involving numbers; an example of a unilateral mistake
38
Non est factum
Latin phrase meaning "It is not my deed"; a denial by one party that a contract was properly executed, based on the claim that he/she was ignorant of its nature
39
Undue influence
Improper pressure applied by one person to another in order to benefit from the result (ex. a will)
40
Duress
Illegal coercion; the threat or use of violence to force a person to do something against his/her will
41
Public policy
Guiding principle for the community as in the requirement that contracts not go against public policy, the public good (ex. a contract that is racist)
42
Restraint of trade
The limitation of competition in business, which can make a contract void if unreasonable or against public policy
43
Restraint of employment
Limitation of a worker's employment (ex. software creator can't work for two companies at the same time or for two years after); can make a contract void if the restraint is unreasonable
44
Common mistake
Error made by both parties and concerning a fundamental fact of a contract