Contracts Flashcards

1
Q

What is a Contract?

A

A legally binding agreement between multiple parties whereby something is promised to be done or given.

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2
Q

A contract can be:

A
  • Written
  • Verbal
  • Implied
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3
Q

What is the advantage of a written contract?

A

Either party cannot dispute the existence of the contract or its content

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4
Q

Define what an Offer is

A

An Offer is an indication or willingness to enter into a contract and the person making the offer is the offer or and the person receiving it is the offeree.

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5
Q

Five forms an offer can come in are:

A
  • A letter
  • A fax
  • An e-mail
  • A conversation
  • Someone’s behavior
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6
Q

Termination can be:

A
  • Rejection by offeree
  • Death or insanity by either party
  • Counteroffer
  • Destruction of a key element
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7
Q

Define what Acceptance is

A

When the offeree agrees to the offer and accepts the specific terms the offer made

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8
Q

Acceptance can be communicated by these ways:

A
  • Written
  • Verbal
  • Conduct
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9
Q

What does it mean that acceptance must be unqualified?

A

The offeree cannot introduce new terms to the contract and there is no room for doubt.

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10
Q

Define what Consideration is

A

The exchange of a promise or action in the form of goods, service or money between the parties.

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11
Q

The rules of a Consideration are:

A
  • It must be real
  • It must be possible
  • It need not be adequate
  • It must not be past
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12
Q

Intention to Create Legal Relations is…

A

An intention to enter into a legally binding agreement or contract

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13
Q
A
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