New Words 2 (contracts) Flashcards
1
Q
Description (of goods)
A
A
2
Q
Part of the basis of the bargain
A
A
3
Q
Sample
A
A
4
Q
coMMendAtion
A
Encomio, lode
5
Q
Affirmation
A
A
6
Q
Statement of value
A
A
7
Q
Mere (opinion)
A
A
8
Q
Automatically
A
A
9
Q
bUlk (of goods)
A
Massa
10
Q
A sample is drawn FROM the bulk of goods
A
A
11
Q
Model is offered for inspection
A
A
12
Q
(They) amount to (a description of goods)
A
A
13
Q
To verify
A
A
14
Q
To be fit FOR (the ordinary purpose)
A
A
15
Q
Merchantable
Merchant
Merchantability
A
A
16
Q
Inoperative
A
A
17
Q
conspicuOUs
A
Evidente
18
Q
To indicate
A
A
19
Q
To care ABOUT
A
A
20
Q
To substitute (material WITH an equivalent one)
A
A
21
Q
To charge the buyer
A
A
22
Q
To aCCoMModate (the subjective request)
A
A
23
Q
Benchmark of the standard
A
A
24
Q
Warranty disclaimer
A
A
25
(The good is) defective
A
26
Puffery
A
27
ON condition that
A
28
Interpretative maxims
A
29
Thin/Thick market
A
30
(To induce/prevent) Hold-up
Interruzione
31
Avoidance
Elusione
32
Concealment
Occultamento
33
ImpraCticability
A
34
Impossibility
A
35
Voluntariness (c'è solo una i)
Spontaneità
36
To be UNDER duress (2 S)
Constrinzione
37
Illegality
A
38
Immorality
A
39
Infancy
A
40
Mental illness
A
41
Unconscionabilty
Vessazione
42
Physical coercion
| Coercive
A
43
Objectionable (content of the agreement)
Deplorevole
44
Procedural/SUBSTANTIVE
A
45
Detuine/replevin
Appropriazione indebita/restituzione
46
```
unforEseeability
To forEsee (as a probable result of the breach)
```
A
47
Inadequate remedy at law
A
48
Defect (in the bargaining process)
A
49
Restitution (c'è solo una N)
A
50
To confer (benefits) ON the other party
confeRRed benefit
A
51
Interest IN beING put in AS good position AS he would have been if the contract HAD been made
A
52
Interest IN beING reimbursed for loss caused BY reliance ON the contract
A
53
Plaintiff/defendant oriented
A
54
Loss incurred
A
55
To make a contract
A
56
Ordinary course of event
A
57
The party in breach
A
58
Damages are not RECOVERABLE for loss
A
59
Injured party
A
60
The conduct constituting the breach
A
61
On ground of public policy
A
62
Difficulty of proof of loss
A
63
(Injunction to enforce) forbearance (qui for è senza E)
A
64
To compensate the NON breacher for the injury caused by the breach
A
65
Measurement
A
66
Amount that evidence permits to BE established (with reasonable certainty)
A
67
Avoidability
A
68
Unde (risk, humiliation, burden)
Eccessivo
69
She expected pain and suffering
A
70
Unique
| Uniqueness
A
71
Precaution
A
72
Avoidable- duty to mitigate
A
73
Gain TO (promisor)
A
74
Efficiently
A
75
Correctness
A
76
(Entitled to an amount) INTENDED to put the plaintiff ...
A
77
AT election (of the plaintiff)
A
78
An amount corrEsponding TO (any benefit conferred by the plaintiff ON the defendant)
A
79
Lenient
Lieve
80
Condition promised/condition actually resulting
A
81
To put the plaintiff BACK in the position
A
82
(To complete) the Restoration (of the status quo ante)
A
83
Not-promissory liability
A
84
To analogize TO (the construction contract)
A
85
Nominal damages
A
86
Adequately proven
D
87
(Money damages) are designed (to put the injured party in the same position AS he would have been put by full performance)
A
88
(It would) enrich plaintiff (at defendant's expenses)
A
89
No relation TO (compensation for plaintiff's actual loss)
A
90
Defaulting party
A
91
Natural and probable consequences
A
92
Value TO (the plaintiffs)
A
93
Contracting parties
A
94
I lease it TO you
| I sell it TO you
A
95
(A letter) PURPOSING (to cancel)
A
96
Disproportionate (in its harm TO defendant and in its assistance TO plaintiff)
A
97
Physical difference
A
98
Economic interchangeability
A
99
Uncertainty OF VALUING it
A
100
Reliability
A
101
(Un)reliable
A
102
The value could be FIXED with reasonable certainty
A
103
Inequity
A
104
Comparable (goods)
A
105
Proponents (of a theory)
A
106
Breakage
Rottura, guasto
107
Damages arising naturally from the breach
A
108
Usual course of things
A
109
To coMMunicate
A
110
knowN TO (both parties)
A
111
Amount ordinary follows under the circumstances
A
112
Reluctant
A
113
Consequential damage
A
114
To award (damages)
A
115
To do nothing to increase damages
A
116
Preponderance of evidence (more likely than not)
A
117
Standard of proof
A
118
Pre-delivery inspection
A
119
(The injury was caused) ON purpose
A
120
Court overlooked and misconceived (material evidence)
Lasciarsi sfuggire e fraintendere
121
A dispute OVER (the ownership)
A
122
Bill of lading (c'è solo una N)
A
123
Consignor/consigned
Mittente/destinatario
124
Verbally expressed
A
125
Red flags
A
126
Boundary (b/w forceable and unenforceable promise)
A
127
GratuitOUs
A
128
Promise must be conditional
A
129
Genuine (bargained)
A
130
Illusory (exchange)
A
131
Bargained for exchange
A
132
Sham (consideration)
A
133
Adequacy
A
134
Nominality case
A
135
On basis of costume
A
136
MonEtary damages
A
137
King's bench
A
138
Monopoly (to enforce duties)
A
139
cHanceLLor (h e 2 L)
| cHancery
A
140
Equitable principle
A
141
Order compelling the defendant to do or not something
A
142
The system is defeated
A
143
To differ FROM
A
144
To be bound
A
145
Initially
A
146
Otherwise the outcome would be unjust
A
147
Separate (entity)
A
148
Indefiniteness (doctrine)
A
149
The promise didn't induce reliance
A
150
The doctrine requires demonstration of actual reliance
A
151
Promissory estoppel extends the domain of promises that are enforceable
A
152
LevErage
A
153
Lack of consideration
A
154
Actual/hypothetical bargaining context
A
155
Acceptance is effective
A
156
When dispatched
A
157
RecEIpt rule
A
158
Offeror/offeree
A
159
Lapse (of time)
Trascorrere
160
To take effect
A
161
Transfer ON (sale/possession)
A
162
To fill gaps
A
163
Inducement
A
164
EvindenTiary requirement
A
165
Performable
A
166
To prevent fraudolent testimony
A
167
Term contract/at will contract
A
168
Economic condition
A
169
(to FILE a) Motion to dismiss/for summary judgment/claim
A
170
Must be performed within a year from the formation
A
171
Legal characterization
A
172
To mitigate harshness
A
173
Morphemes (marks/sounds)
A
174
Process of merging or reducing an agreement INTO a final writing
A
175
OrtHodox
Aa
176
Implicitly integrated
A
177
Buy-back option
A
178
Reservation in a deed
A
179
Option IN THE money
A
180
Assignable/personal right
A
181
TO step in the shoes (of the bankrupt)
A
182
To be consistent WITH
A
183
To be silent ON (the question of assignability)
A
184
Formalized structure of a deed
A
185
To contradict (1 D sola)
A
186
You have to register your interest
| Register owner
A
187
Protected from a double conveyance
A
188
Critical fact
A
189
Unionized hotel
| Union-represented
Aa
190
aDmissible/inaDmissible
| AdmiTTed
A
191
What the parties meant
A
192
Merger clause is designed to prove integration
A
193
Parole evidence has nothing to do with interpretation
A
194
Objective meaning
A
195
If the word is clear ON ITS FACE
A
196
The court looks to the writing itself
A
197
By looking at the 4 corners of the agreement we can infer if the contract is partially/fully integrated
Aa
198
To be reasonably construed AS consistent WITH express terms
A
199
Carefully negated: specific clause
A
200
To return the favor
A
201
Liability is a premise for recover
A
202
coNforming Tender
A
203
To coNform (the good is conformed TO what...)
A
204
To act inconsistently WITH
A
205
dEpendent/indEPendent
A
206
We have to weigh the content of the contract
A
207
Forfeiture/windfall
A
208
Prohibitive
A
209
idIosyncratic (non c'è nessuna E)
A
210
No interpretation that leads to gross unfairness
A
211
Undue
Esagerato
212
It's important that the injured party should not recover more from the breach than he would have gained if the contest had been fully performed
A
213
Inappropriate
A
214
To criticize FOR
A
215
The cheaper option
A
216
To bring an action seeking specific performance
A
217
The court declined to order specific performance
A
218
Inequitable in its effect
A
219
What matters in measuring money damages
A
220
Information about substitutes
A
221
In the contemplation of both parties
A
222
At the time they made the contract
A
223
Involving items of great sentimental value
A
224
An amount intended to put plaintiff in as good position as he would have been
A
225
It is not limited TO (the restoration of the benefits conferred)
A
226
Difference in value between the condition as promised and the conditions actually resulting from the breach
A
227
In order to complete the restoration of the status quo ante
A
228
To contend, to argue
A
229
The conversation was collateral TO the sale
A
230
An understanding with the buyer that was ignorant
A
231
Part of the basis of the bargain
A
232
Knowledgeable seller
A
233
Relying chiefly, primarILy on the advise
Aa
234
He testifies/testified
A
235
His opinion was the principal, if not the only, factor which motivated him to purchasers
A
236
TO state a facht OF WHICH the buyer was ignorant
A
237
Considered in the light of the surrounding circumstances
A
238
The good itself was fit FOR ordinary purposes
A
239
Natural imperfections
A
240
Foreign substance
A
241
Clear and conspicUous
A
242
To appeal from a judgment
A
243
The judgment is against the manifest weigh of the evidence
A
244
There was a sign "sold as is"
A
245
Evidence is persuasive
A
246
It's generally understood to mean that
A
247
The buyer purchases the good IN its PRESENT conditions
A
248
WITH whatever faults
A
249
Implied warranty is excluded by expression like "as is@
A
250
To present evidence
A
251
(Unable) to determine the cause
A
252
Duty to execute the Contract in good faith and not fraudUlently
A
253
The skill in selecting the conforming good
A
254
Manufacturer
A
255
To exercise his judgment
A
256
Advantage of reducing frictions in the bargaining process
A
257
To signal his belief
A
258
Neither fraudulent neither willful
A
259
Result of oversight and inattention
A
260
They were the same in quality, appearance, market price, cost
A
261
The defect was insignificant in relation to the projects
A
262
Construed as conditions of one another
A
263
Departure in point of substance
A
264
The default is unfairly OUT OF proportion to the oppression of the forfeiture
A
265
No examination was made
A
266
Except for minor omission
A
267
TO compensate the defendant for damages
A
268
Right to contract FOR what he wanted
To Contract FOR
A
269
A right before making the payment to get what the Contract called for
A
270
Specifications of a contract become the law between the parties
A
271
To hold a different doctrine
A
272
To encourage
A
273
A buyer can reject the good for any defect
A
274
Only when the defect materially impairs the essence of what was contracted for
A
275
Typical/ atypical parties
A
276
Not always the breach of a condition is follewed by forfeiture
A
277
Intentional or due to groos neglect
A
278
Parole evidence rule enables the parties to reduce the risk that a court will misinterpret the agreement
A
279
By committing some or all of the terms of their agreement TO a writing and agreeing that neither of the them will be permitted to introduce evidence in court other than the writing
A
280
TO expand/contract
A
281
If the writing appears ON its face to be a complete and exclusive statement of all the terms of the agreement
A
282
Four corner presumptions
A
283
Merger clause announcing that both parties REGARD the writing as a the final and exclusive statement of the terms of the agreement
A
284
To criticize
A
285
Writing cannot prove its own finality and exclusivity
A
286
Notwithstanding the merger clause (rebuttable presumption)
A
287
To examine the Contract as a whole in isolation from its extrinsic context
A
288
They were taken for granted where the contract was phrased
A
289
To overcome difficulties
A
290
They conveyed the property
A
291
Evidence offered (by the defendant)
A
292
To prove the existence of a separate agreement AS TO any matter OF which the writing is silent
A
293
Written evidence is more accurate than human memory
A
294
Exclusion of evidence
| The evidence was improperly excluded
A
295
To undermine paro evidence rule
A
296
I provide you WITH money
A
297
(To refuse) to refund the down payment
A
298
The stability that it gives TO written contract
A
299
He can avoid his obligation by testifying that an oral agreement released him from the duties he had assumed in writing
A
300
Their intention to nullify antecedent agreement
A
301
The parties are bound by the contract because they have choose To be bound
Aa
302
They establish s written agreement as exclusive basis for determining their intention
A
303
To vitiate the contract
A
304
The fraud that could invalidate the merger clause
A
305
Improbable
A
306
The contract, read as a whole, plainly manifests...
A
307
To determine what the parties collectively and subjectively intended
A
308
No difference in interpretative result
D
309
The plaintiff defended on the grounds that the contract, construed in light of the usage of trade..., impose no duties
A
310
To enter into a contract
A
311
The Contracts provides a minimum quantity of
A
312
The price are to be adjusted according to the market forces
A
313
The test of admissibility is not whether the contract appears ON ITS FACE complete
A
314
The default clause refers only TO the failure of the buyer TO pay
A
315
Unilateral/mutual adjustment
A
316
The course of dealing form a part of the agreement
A
317
They are not synonymous WITH verbal understanding (synonymous ha 2 Y)
A
318
Equities were strongly in favor of the defendant
A
319
The quantity stipulated in the contract was not mandatory and subject to renegotiation
A
320
TO jeopardize the certainty of the contractual duties
A
321
Placing ON the buyer the risk of variation in quantity
A
322
The unilateral right to make a departure FROM such specification must be expressly agreed TO IN the contract
A
323
A construction that negates the express terms is patently unreasonable
A
324
The intent of the statute is To limit the enforceability of certain kind of ORAL contract
A
325
To coerce the parties INTO memorialize their agreement
A
326
TO create reliable evidence
A
327
To reduce the possibility of enforcing fraudulent contracts proven by perjury testimony
A
328
Actual commencement of the perform
A
329
The statue makes unenforceable an oral contract that is not TO be performed within a year from its formation
A
330
HIstorical (senza y)/modern function
A
331
To prevent fraudulent practices
A
332
Complaining parties were disqualified as witnesses
A
333
```
Evidentiary function
Cautionary effect (to reflect on the importance)
Easy way to distinguish enforceable contracts
```
A
334
Equity powers are a method of judicial circumvention of the statute
A
335
The doctrine of estoppel has been applied to prevent fraud or unconscionable injury that Would result from refusal to enforce oral contracts
A
336
In determining whether injustice can be avoided only by enforcement the following circumstances are significant
A
337
The exten to which the action or forbearance corroborate evidence of the making of a contract (was foreseeable by the promisor)
A
338
The reasonableness (of the action or forbearance)
A
339
The sole function is to interpret the statute
A
340
Outward manifestation
A
341
Contractual obligation is imposed based on what a party reasonably believed was said and done
A
342
Put the liability on that party able to prevent/minimize the risk of misunderstanding
A
343
A deal was concluded
A
344
An offer is conditioned on a specific return
A
345
Manifestation of willingness to enter into a bargain
A
346
The nod and the handshake as a manifestation of intent
A
347
Time-consuming process
A
348
Invitation to negotiate: conditional statement of present intention
A
349
Give to another the legal power OF creatING an obligation
A
350
The power to invite the acceptance by any means
| To limit acceptance TO a particular or specified means
A
351
Silently
A
352
Manifestation of intention that silence may operate as acceptance
A
353
The offeree should notify the offeror that he doesn't intend to accept
A
354
Expectation of compensation
A
355
Offer and acceptance are transmitted via mail
A
356
Revocation is not effective
A
357
An offer could be withdrawn at any time before performance was completed
A
358
Once the offeree has begun the requested performance
A
359
To limit the power to revoke
A
360
Counteroffer constitutes a rejection of the original offer
A
361
Unless the offeree has manifested a contrary intention
A
362
An offer can only be accepted if the offeree agreed precisely and completely to the terms of the agreement. If acceptance varied in any way from the terms of the offer there would be a rejection of the offer
A
363
Requirement of perfect matching b/w offer and acceptance
A
364
To accept by rendering a performance/ by promising to perform
A
365
To notify him of the acceptance
F
366
The deceased made a will
A
367
I left you $ 10,000
A
368
The defendant has induced the plaintiff to act IN reasonable RELIANCE on his representation
A
369
Payment were discontinued
Interrotti
370
Defendant was obliged on the basis of...
A
371
Adequacy
A
372
Consideration must not have been delivered before a promise is executed
A
373
Plaintiff announced his intent in advance OF any promise
A
374
He acted ON his own initiative
A
375
Change of position in reliance on the promise
A
376
Bankrupt failed to make the payment
A
377
There is an actual consideration A PART the past consideration
A
378
To identify the maker of a promise
A
379
To evidence the document's authenticity
A
380
Mere inadequacy of consideration will not void a contract
A
381
Consideration even small is sufficient
A
382
To substitute the parties'evaluation with its own judgement
A
383
The party are better able than others to evaluate...
A
384
He is indebited to him
A
385
The notation that he is not the owner
A
386
The trial court erred in finding a contract implied in fact
A
387
A manifestation of intention must be inferred from the fact
A
388
Ha quasi contract has no references to the intention, it arises from the law of justice and equity
A
389
He acted at his own risk
A
390
He is in the best position to prevent the mistake
A
391
Express (2 s) language
A
392
Consequential/direct damages
A
393
The parties agreed ON the amount of damages in case of breach
A
394
The meaning should be independent from the contractual context
A
395
To keep good relationship
A
396
He didn't conditioned his promise ON a perfect tender
A
397
The buyer keeps the good beyond a reasonable time for inspection of the good
A
398
If there is an issue NOT ADDRESSED in that writing you can bring what evidence you need
A
399
Ambiguous/well defined
A
400
Promisor must have made the promise in order to INDUCE the promisee to do something IN RETURN
A
401
No actual bargaining context neither hypothetical: the promisor doesn't intend to be legally bound
A
402
Chacellor was initially not bound by former decisions of courts of law (court of equity)
A
403
Equity court gives an equity right because otherwise the outcome would be unjust
A
404
The common law originated IN THE XI century In England
A
405
Equity has the power to trump legal rules by order compelling the defendant to do or not something
A
406
Procedural theory of contractual obligation v. Substantive theory (if parties have capacity, voluntariness, and are informant... not see the content of a contract)
A
407
Legal age
A
408
To ascertain
A
409
To agree completely and precisely TO all the terms
A
