Contracts Flashcards

0
Q

What is a unilateral contract?

A

Exchange of a promise for an act.

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1
Q

What is a contract?

A

An enforceable exchange of promises

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2
Q

What is a Void contract?

A

At its formation has an illegal object of defect.

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3
Q

Quasi contract

A

A court imposed agreement to prevent the unjust enrichment of 1 party when the parties have not really agreed to an enforceable contract

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4
Q

Legal offer

A

shows objective intent to enter into the contract, is definite it is communicated to the offeree.

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5
Q

6 elements of a contract

A
  1. Legal offer
  2. Legal acceptance
  3. Consideration
  4. Genuine assent
  5. Competent parties
  6. Legal acceptance
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6
Q

Legal acceptance:

A

An acceptance that shows objective intent to enter into the contract

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7
Q

Genuine Assent

A

Contract is free of fraud “meeting standards”

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8
Q

Fraud

A

Misrepresentation of a material fact made with intent to deceive the other party to a contract.

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9
Q

Duress-

A

wrongful act or threat that prevents a party from exercising free will with executing a contract

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10
Q

Undue influence

A

Mental coercion exerted by one party over the other party to the contract.

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11
Q

Mistake

A

Error as to material fact.

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12
Q

Competency

A

a persons ability to understand the nature of transaction and the consequences of entering into it at the contract was entered into.

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13
Q

Legal object

A

Contract subject matter that is lawful under statutory an case law

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14
Q

Parol (oral) evidence rule

A

When parties have executed a written agreement that is complete on its face, oral agreements made before or at the same time as, the written agreement are invalid.

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