Concept Of Contracts Flashcards

1
Q

. There are laws that aim to protect and control businesses, and they are continually increasing and evolving.their main purposes are:

A

*To ensure there is a free competition between business

*to maintain a good level of safety and resources and secure ethical working conditions

  • to protect consumers
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2
Q

What is Copyright

A

Copyright is the mean to prevent othersof stealing the intellectual creations of people (stealing people’s work)

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3
Q

What is patents

A

Patent is preventing imitation or original invention of products

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4
Q

What is Trademarks

A

Trademarks are Words Letters or Symbol that are associated with a particular company or product

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5
Q

What is a contract?

A

It is a written or spoken type of agreement between two or more people that is legally binding and enforceable in a court of law

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6
Q

Unwritten contracts are implied as;

A

Contract by actions

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7
Q

5 legal characteristics of contracts?

A

*Legality: a contract must have a legal purpose ( contracting someone to murder or commit burglary

*consideration: Each party must agree to give up something

*Agreement: all parties to a contract must be of mutual agreement (offer of acceptance)

  • Capacity :the parties must be competent ( meaning being capable and not under influences such as drugs and alcohol)
  • Good faith: all the parties must engage in the agreement freely and honestly
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8
Q

What is simple contracts?

A

A simple contract is a simple agreement between two parties

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9
Q

Define speciality contracts

A

Specially contracts are referred to as deed or contracts under seal

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10
Q

Speciality contracts have three requirements:

A

*Signing - the contract is signed by all parties involved
*Sealing - the contract is attached with some form of raised seal
Delivery -

A SPECIALITY CONTRACT DOES NOT HAVE LEGAL SIGNIFICANCE UNLESS ALL THE ABOVE HAVE BEEN CARRIED OUT.

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11
Q

Examples of specialty contracts:

A

Mortgage Agreements
Insurance contracts
Land or property sales
Hire purchase agreements
Sales of goods contract

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12
Q

What is a Contract of Record

A

It refers to an order imposed by the court requiring a party to abide by a ruling set down by the court.

The ruling requires someone to do , or not to do, something.

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13
Q

Form of business protection

A

Trademark
Patent
Copyright
Logo

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14
Q

Parties to a contract?

A

‘The offer or
The offeree
The acceptor

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15
Q

There are three elements to a contract process

A

The offer
The consideration
The ecceptance

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16
Q

Person who are normally not considered to have full capacity….

A

PEsons under influence
Persons of unsound mind
Aliens
Minors

17
Q

What is Considération?

A

Consideration is the name given to the price or benefits each parties in contract receives

18
Q

Ways of terminating a contract

A

By performance—when the parties have completed the contrat

By breach of contract —when one party could not complete his or her agreement

By merger — this is when a higher or new agreement have replaced the old one

By mutual agreement —- this is when both partied agreed to terminate the contract
before it could be fulfilled

By death— when one party dies therefore contractual relation comes to an end

By lapse of time —- a contract does not last for a, indefinite time

By impossibility —– this when circumstances beyond the parties control occurs which mqke it impossible to complete the contract

19
Q

Three types of offer in a contract?

A

Specific offer
Implied offer
Express offer

20
Q

Mistakes and misrepresentation

A

Comon mistake
Mutual mistake
Unilateral mistake

21
Q

An acceptance can be made in several ways

A

Written statement
Verbal statement
Conduct

22
Q

The acceptance must be unqualified

A