Legal Definitions Flashcards

1
Q

A contract

A

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

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2
Q

Agreement

A

Offer + acceptance

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3
Q

Offer

A

An expression of willingness

to be bound on certain terms

EoW
BoC

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4
Q

Invitation to treat

A

Inviting another to make an offer

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5
Q

Acceptance

A

Unconditional assent to all the terms of the offer

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6
Q

Breach of Contract

A

A contract is not honoured by one or more of the parties to it

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7
Q

Damages

A

A compensatory financial award

CFA

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8
Q

Term

A

Any statement forming part of a contract

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9
Q

Representation

A

A statement made by one party designed to induce the other party to enter into the contract

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10
Q

Condition

A

A major term of the contract which goes to the heart of the contract, the very essence of the contract

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11
Q

Warranty

A

a less vital, although still important term of contract

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12
Q

Express term and Implied Term

A

Express - stated in the contract
Implied - a term deemed to form part of a contract even though not expressly mentioned

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13
Q

Exclusion Clause

A

A contract term that attempts to exclude or limit liability for breach of contract

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14
Q

Misrepresentation

A

A false statement of fact or law, made with the intention of inducing another party to make a contract

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