final Flashcards

1
Q

common law in contracts

A

common law governs all in contracts except when it come sot the UCC or administrative agency, or when a it has been modify or alter by a law or a statue

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2
Q

examples of common law contract

A

relating to service, real state employment, insurance

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3
Q

UCC governs what aspects of contracts

A

it governs lease of goods and sales

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4
Q

whats the propose of common law

A

provide stability and future security among buyers and sellers. also it enforces contract.

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5
Q

promisor

A

the one making the offer

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6
Q

promisee

A

the person whom the offer is been made

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7
Q

Contract

A

a promise or promises for the performance if which the law provides remedy or performance that the law recognizes as duty

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8
Q

how are contracts judge in the law

A

they are judge base in a objective theory

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9
Q

basis for objective theory

A

outward, what was said in entering the contract, how the party acted, circumstances surrounding the transaction. how a normal person would of interpret the contract

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10
Q

requirements for a valid contract

A

agreement, consideration, contractual capacity, legality

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11
Q

requirements needed to enforce a contract

A

voluntary consent, form ( the form a contract must be done in)

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12
Q

type of contracts

A

bilateral, unilateral, formal, informal, express, implied.

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13
Q

bilateral

A

a promise for a promise ( give you 2 for ur pencil)q

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14
Q

unilateral

A

a promise for an act

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15
Q

formal

A

requires a special form for creation (checks)

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16
Q

informal

A

requires no special form is base on substance

17
Q

express

A

form by words ( signed lease)

18
Q

implied

A

formed by the conduct of the parties

19
Q

executed contract

A

a contract that has been fully performed by both parties

20
Q

executory contract

A

if only one of the parties perform the action

21
Q

contract enforceability

A

violable contract unenforceable

22
Q

voidable

A

a contract that is valid but can be voidable by the option of one or both of the parties

23
Q

unenforceable

A

can not be enforce due to some legal bondings. some contract require to be in a written form if not they can not be enforce

24
Q

void contract

A

a contract that is not a contract no duties to neither of the parties

25
quasi contracts
contract implied in the law.
26
quatum mercuit
is the compensation given under the quasi contracts
27
limitation of quasi
if there is already another contract or booth parties benefit from or neither party suffer
28
plain meaning
everything is determine from the document it self