Legal Definitions Flashcards
A contract
1) Agreement
2) Consideration
3) Intention
4) Legal capacity
An agreement
supported by consideration from both parties
and made with the intention of being legally binding
by parties who have the legal capacity to make such an agreement
LICA backwards
Agreement
Offer + acceptance
Offer
An expression of willingness
to be bound on certain terms
EoW
BoC
Invitation to treat
Inviting another to make an offer
Acceptance
Unconditional assent to all the terms of the offer
Breach of Contract
A contract is not honoured by one or more of the parties to it
Damages
A compensatory financial award
CFA
Term
Any statement forming part of a contract
Representation
A statement made by one party designed to induce the other party to enter into the contract
Condition
A major term of the contract which goes to the heart of the contract, the very essence of the contract
Warranty
a less vital, although still important term of contract
Express term and Implied Term
Express - stated in the contract
Implied - a term deemed to form part of a contract even though not expressly mentioned
Exclusion Clause
A contract term that attempts to exclude or limit liability for breach of contract
Misrepresentation
A false statement of fact or law, made with the intention of inducing another party to make a contract