Contracts Flashcards

1
Q

Offer

A

An offer is an objective manifestation of a willingness to enter into an agreement that creates the power of acceptance in the offeree.

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2
Q

Terminate Offer

A

Through Rejection

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3
Q

Counter offer

A

Acts as a rejection and terminates the old offer, but creates a new one

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4
Q

Expectation Damages

A

Expectation damages are intended to put the nonbreaching party in the same position as if the contract had been performed.

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5
Q

Parole Evidence Rules

A

The parol evidence rule prevents a party to a written contract from presenting prior extrinsic evidence that contradicts the terms of the contract as written.

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6
Q

Intergration

A

If the writing completely expresses all of the terms of the parties’ agreement, then it is a total integration, and the parties cannot introduce any extrinsic evidence of prior or contemporaneous understandings.

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7
Q

After-contract creation

A
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8
Q

Promissory Estoppel

A

The doctrine of promissory estoppel can be used to enforce a promise if:

(i) the promisor should reasonably expect to induce action,

(ii) the promise does induce such action or forbearance, and

(iii) injustice can be avoided only be enforcement of the promise

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