Chapter 8 Review Flashcards

1
Q

Three most important element in forming a contract is

A

Offer
Agreement
Consideration

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2
Q

Consideration is

A

Something of legal value that each party gives to the contract.

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3
Q

Promiser

A

Creating the promises

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4
Q

Promisee

A

to whom the promise is made too

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5
Q

Gift

A

Voluntary transfer of property w/o consideration

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6
Q

legal detriment

A

sacrifice of offeree

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7
Q

What are the sacrifices of an offeree

A
  1. Does an act or promise their not legally obligated to do

2. Refraining from doing something their legally obligated to do

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8
Q

What is the Adequacy of Consideration

A

To protect individuals from contract that favors one sode more and is considered unfair

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9
Q

Nominal Consideration

A

dollar or other small amount of money used to bind a contract

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10
Q

Moral Consideration

A

makes a promise because they feel it’s the right thing to do

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11
Q

Past Consideration

A

promise made for an act that has already taken place

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12
Q

What are some problems to considerations

A
  1. pre-existing contract agreements
    2.pre-existing duty to pay debt
    3,pre-existing obligation to perform an legal obilgations
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13
Q

Liquidated Claim

A

debt in an amount that CANT be disputed

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14
Q

Unliquidated Claim

A

debt amount that can be disputed

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15
Q

Composition of creditors

A

agreement among creditors to accept an % of total owed in full settlement of debt.

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16
Q

Consideration is needed to make a promise legal

True or False

A

True

17
Q

A promise to make a gift is enforceable in a court of law

True or False

A

False

18
Q

A promise to refrain from doing something that the law requires is consideration
True or False

A

False

19
Q

Forbearance is a promise to do something you are not legally required to do.
True or False

A

False

20
Q

pledge

A

promise to make a gift charitable, religious and educational instiution

21
Q

promissonary estoppel

A

equity applied to the courts if a promise is unsupported by consideration

22
Q

Promises made to charitable organizations that depends upon voluntary contributions are generally enforceable without consideration
True or False

A

True

23
Q

As creditors promise to accept less than the amount owed as full payment of a debt is legally binding
True or False

A

False

24
Q

Part payment of a debt may cancel the entire debt if there is an honest dispute over the exact amount of debt True or False

A

True

25
Q

A debtor who makes a part payment of the debt before the due date is no longer liable for the balance
True or False

A

True

26
Q

A liquidated debt is one that is not in dispute.

True or False

A

True