Contracts Flashcards

1
Q

People enter into contracts to control the

A

Future

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2
Q

Contracts make business matters more…

A

Predictable

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3
Q

Judicial restraint

A

Court requiring parties to fulfill obligations (passive)

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4
Q

Judicial activism

A

Court ignores provisions because they are seen as unjust

Law is more flexible but unpredictable

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5
Q

Contract elements

A

Agreement, consideration, legality, capacity

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6
Q

Bilateral contracts

A

Both parties make a promise

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7
Q

Unilateral contracts

A

One party makes a promise that the other can accept by doing something

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8
Q

Express contracts

A

Terms explicitly stated

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9
Q

Implied contracts

A

Words and conduct indicate intended agreement

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10
Q

Executory contracts

A

When one or more parties has not fulfilled their agreements

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11
Q

Executed contracts

A

All parties have fulfilled their obligations

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12
Q

Valid contracts

A

Lawful

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13
Q

Voidable contract

A

Law per,it’s a party to void the contract

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14
Q

Void agreement

A

Neither party can enforce - unlawful or no power to enforce

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15
Q

Promissory Estoppel

A

Defendant makes a promise that the plaintiff relies on

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16
Q

Quasi contract

A

Defendant makes a promise but benefits from the plaintiff

17
Q

UCC article 2

A

Sale of goods

18
Q

Common law

A

Services, employment, real estate