D Chapter 10 Flashcards

1
Q

Promise

A

Declaration by someone to not do something.

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2
Q

Promisor

A

One making the promise

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3
Q

Promisee

A

One receiving the promise

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4
Q

Offeror

A

One making the offer

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5
Q

Offerree

A

One receiving the offer

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6
Q

Objective Theory of Contracts

A

Contracting parties bound by terms that can be objectively inferred from promises made

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7
Q

How many types of contracts. You will name them.

A
Unilateral Contract
Bilateral Contract 
Formal Contract
Informal Contract
Express Contract
Implied Contract
Implied in Law (Quasi) Contract
Mixed Contract
UCC (Uniform Commercial Code) Contract
Merchants Contract
Divisible Contract
Executory Contract
Executed Contract
Valid Contract
Void Contract
Voidable Contract
Unenforceable Contract
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8
Q

Unilateral Contract

A

A promise for performance. E.g. Ass promises to pay Bitch $2 to mow the lawn

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9
Q

Bilateral Contract

A

A promise for a promise. E.g. Ass promises to paint Bitches house next month if Bitch promises to pay Ass $2

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10
Q

Formal Contract

A

Must be in a certain format. E.g. Will

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11
Q

Informal Contract

A

No particular format required

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12
Q

Express Contract

A

Clearly stated

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13
Q

Implied Contract

A

Understood from situation and facts

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14
Q

Implied in Law (Quasi) Contract

A

An obligation or contract imposed by law in the absence of an agreement, to prevent unjust enrichment

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15
Q

Mixed Contract

A

One with express and written parts. Or UCC and GOL parts

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16
Q

UCC Contract

A

Uniform Commercial Code. Involves goods and often includes merchants.

17
Q

Merchants

A

Commercial experts in a field. They are held to a higher standard

18
Q

Divisible Contract

A

Can be divided into parts. E.g.Monthly rental agreement. GOL vs UCC part, Labor or parts, two separate items for sale.

19
Q

Executory Contract

A

One not yet finished

20
Q

Executed Contract

A

One that is finished

21
Q

Valid Contract

A

One that is in all ways acceptable and legal.

22
Q

Void Contract

A

One that is not acceptable nor legal and is not a contract at all. E.g. Involving an insane person.

23
Q

Voidable Contract

A

Is a a valid contract but can be voided at the behest of any party of it. E.g. A defective dog

24
Q

Unenforceable Contract

A

Valid but has no teeth. E.g. Has to be in writing

25
Q

How are Contract Interpreted

A

Express over implied where possible.