final Flashcards

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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
Q

quasi contracts

A

contract implied in the law.

26
Q

quatum mercuit

A

is the compensation given under the quasi contracts

27
Q

limitation of quasi

A

if there is already another contract or booth parties benefit from or neither party suffer

28
Q

plain meaning

A

everything is determine from the document it self