Level 7: Additional Contract Considerations Flashcards

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1
Q

Counteroffers

A

slightest alteration to an offer, including things like financing contingencies, do not constitute acceptance of the current offer

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2
Q

Offer Termination: Acceptance

A

replacing the offer with a contract

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3
Q

Offer Termination: Counteroffer

A

rejecting the offer and replacing it with a new offer

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4
Q

Offer Termination: Rejection

A

rejecting the offer without a new offer being made

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5
Q

Offer Termination: Expiration

A

allowing the passage of a stated expiration date or a reasonable time

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6
Q

Offer Termination: Revocation

A

withdrawing the offer before acceptance has been communicated

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7
Q

Offer Termination: Death or Mental Incapacity

A

the death or mental incapacity of either party before acceptance

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8
Q

Offer Termination: Destruction

A

the destruction of the subject property of an offer

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9
Q

Offer Termination: Improper Acceptance

A

failing to comply with stipulated manner of acceptance as laid out in the offer

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10
Q

Offer Revocation

A

once the offeror has been notified of an offer’s acceptance, the right to revoke the offer has passed.

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11
Q

Contract Conditions: Condition

A

any action, deed, or event — excluding the passing of a deadline — that affects a party’s duty to perform

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12
Q

Contract Conditions: Condition Precedent

A

an action, deed, or event that must come about prior to the duty to perform

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13
Q

Contract Conditions: Condition Concurrent

A

one condition must occur simultaneously with another

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14
Q

Contract Conditions: Condition Subsequent

A

an action, deed, or event that brings about an end to something else

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15
Q

Condition Classifications: Express Condition

A

explicitly stated condition in the contract that must occur in order to trigger a duty to perform

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16
Q

Condition Classifications: Express Condition

A

not explicitly stated in the contract but presumed by law to be part of the agreement

17
Q

Condition Classifications: Constructive Condition

A

imposed by the courts to further the interests of justice in a contract

18
Q

Addendum

A

introduction of new information

19
Q

Amendment

A

the change of existing information