Day 26 Flashcards
Define: Unilateral contract
Is formed when a promise is exchanged for an act
MCQ-02291
True or False: Only one party makes a promise in a Unilateral Contract
True
MCQ-08881
What is required for an offer to be “sufficient”?
The communication of the offer must be a reasonable expectation
EX: selling a laptop for $1 is NOT reasonable
MCQ-04964
When is a promise to keep an offer open enforceable?
When consideration is given
EX: Bob’s promise not to buy another computer = consideration given
MCQ-04967
Does a death terminate a contract?
Yes, the death of the offeror proof to acceptance terminated the offer by operation of law without notice to the offeree
MCQ-02222
When is the Mailbox Rule in effect?
Under Common Law, when the offer does not specify that acceptance is upon receipt, and does not specify the means of acceptance
MCQ-02489
What is the requirement for effective consideration?
Legally Sufficient
MCQ-01347
When is valid consideration present?
If there is a bargained for exchange of something of legal value
NOTE: if the promised act has already been performed then the bargained element fails
MCQ-01130
How can a contract with a minor be ratified?
- failing to disaffirm within a reasonable time after reaching majority
- expressly ratifying the entire contract orally or in writing
- retaining or accepting the benefits
What is requirements to create an Agency?
- Assent of both parties
- Capacity of principal
NOTE: Consideration is not required
What are the duties of a Principal to the Agent?
- Compensation
- Reimbursement
Define: Actual (real) Authority
Actual authority is the authority the Agent reasonably thinks he has based on communications with the principal
Define: Implied Authority
Actual Authority: (Two Types)
- Implied Authority - Authority from position, past acts, and circumstances
- Expressed Authority - Authority specifically granted by the principal
Define: Expressed Authority
Actual Authority: (Two Types)
- Implied Authority - Authority from position, past acts, and circumstances
- Expressed Authority - Authority specifically granted by the principal
What is the overall limitation for the QBI Deduction?
The LESSER OF: the combined QBI deductions or 20% of the taxpayer’s taxable income in excess of net capital gain
MCQ-08791