Contract Baisics Flashcards

1
Q

What is a contract?

A

Oral or written agreement to do or not to do a certain thing.

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2
Q

What do the statute of frauds determine?

A

Documents that must be in writing to be enforceable. (Ex. sale contracts, deeds and mortgages)

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3
Q

What is an assignment?

A

Transfer of contract rights from one party to another.

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4
Q

What is a novation?

A

Substitution of one contract for another and releases liability.

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5
Q

What is a liquidated damages clause?

A

Contractual provision that determines in advance the measure of damages if a party breaches the agreement.

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6
Q

What is specific performance?

A

Court action to force the completion of a contract.

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7
Q

What is rescission?

A

Contract occurs when there is an agreement between the contracting parties to waive all the remaining duties and to terminate the contract.

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