Contract Law Flashcards

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1
Q

What is a contract?

A

A legally binding (enforceable) agreement between two or more parties.

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2
Q

What are the two types?

A

Simple and Specialty.

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3
Q

Specialty

A

Written, signed, sealed, delivered agreement by all parties.

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4
Q

Example of specialty

A

Land, marriage, insurance contract.

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5
Q

Simple

A

Orally, in writing, or deemed from the actions of the parties, most contracts are this category.

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6
Q

What are the two types of simple contracts?

A

Express and Implied

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7
Q

Express

A

Agreements specifically laid out orally or in writing.

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8
Q

Implied

A

Agreements in which the terms are evident from the circumstances but are not explicitly stated.

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9
Q

What are the necessities?

A

Food, clothing, education, shelter, and medical services.

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10
Q

What is repudiated?

A

Something was done to make the contract not valid (cancelled).

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11
Q

What makes a valid contract (6)?

A

Offer and acceptance, consideration, capacity, legal purpose, genuine consent, good faith.

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12
Q

Offer and acceptance

A

The offer must be genuine, clear, exact, and intended as a serious offer. The acceptance has to be unqualified, clear, and it has to agree with the precise terms of the offer.

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13
Q

Consideration

A

Must be consideration on both parties - a legal term meaning something of value. Can be money, goods or services. Cannot be love, gratefulness or for something done in the past.

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14
Q

Capacity

A

Must be legally

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15
Q
A
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16
Q
A