New Words 2 (contracts) Flashcards
Description (of goods)
A
Part of the basis of the bargain
A
Sample
A
coMMendAtion
Encomio, lode
Affirmation
A
Statement of value
A
Mere (opinion)
A
Automatically
A
bUlk (of goods)
Massa
A sample is drawn FROM the bulk of goods
A
Model is offered for inspection
A
(They) amount to (a description of goods)
A
To verify
A
To be fit FOR (the ordinary purpose)
A
Merchantable
Merchant
Merchantability
A
Inoperative
A
conspicuOUs
Evidente
To indicate
A
To care ABOUT
A
To substitute (material WITH an equivalent one)
A
To charge the buyer
A
To aCCoMModate (the subjective request)
A
Benchmark of the standard
A
Warranty disclaimer
A
(The good is) defective
A
Puffery
A
ON condition that
A
Interpretative maxims
A
Thin/Thick market
A
(To induce/prevent) Hold-up
Interruzione
Avoidance
Elusione
Concealment
Occultamento
ImpraCticability
A
Impossibility
A
Voluntariness (c’è solo una i)
Spontaneità
To be UNDER duress (2 S)
Constrinzione
Illegality
A
Immorality
A
Infancy
A
Mental illness
A
Unconscionabilty
Vessazione
Physical coercion
Coercive
A
Objectionable (content of the agreement)
Deplorevole
Procedural/SUBSTANTIVE
A
Detuine/replevin
Appropriazione indebita/restituzione
unforEseeability To forEsee (as a probable result of the breach)
A
Inadequate remedy at law
A
Defect (in the bargaining process)
A
Restitution (c’è solo una N)
A
To confer (benefits) ON the other party
confeRRed benefit
A
Interest IN beING put in AS good position AS he would have been if the contract HAD been made
A
Interest IN beING reimbursed for loss caused BY reliance ON the contract
A
Plaintiff/defendant oriented
A
Loss incurred
A
To make a contract
A
Ordinary course of event
A
The party in breach
A
Damages are not RECOVERABLE for loss
A
Injured party
A
The conduct constituting the breach
A
On ground of public policy
A
Difficulty of proof of loss
A
(Injunction to enforce) forbearance (qui for è senza E)
A
To compensate the NON breacher for the injury caused by the breach
A
Measurement
A
Amount that evidence permits to BE established (with reasonable certainty)
A
Avoidability
A
Unde (risk, humiliation, burden)
Eccessivo
She expected pain and suffering
A
Unique
Uniqueness
A
Precaution
A
Avoidable- duty to mitigate
A
Gain TO (promisor)
A
Efficiently
A
Correctness
A
(Entitled to an amount) INTENDED to put the plaintiff …
A
AT election (of the plaintiff)
A
An amount corrEsponding TO (any benefit conferred by the plaintiff ON the defendant)
A
Lenient
Lieve
Condition promised/condition actually resulting
A
To put the plaintiff BACK in the position
A
(To complete) the Restoration (of the status quo ante)
A
Not-promissory liability
A
To analogize TO (the construction contract)
A
Nominal damages
A
Adequately proven
D
(Money damages) are designed (to put the injured party in the same position AS he would have been put by full performance)
A
(It would) enrich plaintiff (at defendant’s expenses)
A
No relation TO (compensation for plaintiff’s actual loss)
A
Defaulting party
A
Natural and probable consequences
A
Value TO (the plaintiffs)
A
Contracting parties
A
I lease it TO you
I sell it TO you
A
(A letter) PURPOSING (to cancel)
A
Disproportionate (in its harm TO defendant and in its assistance TO plaintiff)
A
Physical difference
A
Economic interchangeability
A
Uncertainty OF VALUING it
A
Reliability
A
(Un)reliable
A
The value could be FIXED with reasonable certainty
A
Inequity
A
Comparable (goods)
A
Proponents (of a theory)
A
Breakage
Rottura, guasto
Damages arising naturally from the breach
A
Usual course of things
A
To coMMunicate
A
knowN TO (both parties)
A
Amount ordinary follows under the circumstances
A
Reluctant
A
Consequential damage
A
To award (damages)
A
To do nothing to increase damages
A
Preponderance of evidence (more likely than not)
A
Standard of proof
A
Pre-delivery inspection
A
(The injury was caused) ON purpose
A
Court overlooked and misconceived (material evidence)
Lasciarsi sfuggire e fraintendere
A dispute OVER (the ownership)
A
Bill of lading (c’è solo una N)
A
Consignor/consigned
Mittente/destinatario
Verbally expressed
A
Red flags
A
Boundary (b/w forceable and unenforceable promise)
A
GratuitOUs
A
Promise must be conditional
A
Genuine (bargained)
A
Illusory (exchange)
A
Bargained for exchange
A
Sham (consideration)
A
Adequacy
A
Nominality case
A
On basis of costume
A
MonEtary damages
A
King’s bench
A
Monopoly (to enforce duties)
A
cHanceLLor (h e 2 L)
cHancery
A
Equitable principle
A
Order compelling the defendant to do or not something
A
The system is defeated
A
To differ FROM
A
To be bound
A
Initially
A
Otherwise the outcome would be unjust
A
Separate (entity)
A
Indefiniteness (doctrine)
A
The promise didn’t induce reliance
A
The doctrine requires demonstration of actual reliance
A
Promissory estoppel extends the domain of promises that are enforceable
A
LevErage
A
Lack of consideration
A
Actual/hypothetical bargaining context
A
Acceptance is effective
A
When dispatched
A
RecEIpt rule
A
Offeror/offeree
A
Lapse (of time)
Trascorrere
To take effect
A
Transfer ON (sale/possession)
A
To fill gaps
A
Inducement
A
