Questions Flashcards
A contract is a legal X made between parties, by which rights are acquired by one or more to act on the part of the other party or another. A. moment
B. agreement
C. convention
D. accord
Agreement
The agreement referred to means a meeting of minds called in x
« consensus in idem ».
A. Customs
B. Roman Law
C. english Law
D. English Law
English law
An agreement, to be valid, needs the following elements: offer and acceptance (intent of creating legal relations), capacity of the parties, a valid consent without fraud or duress, a consideration, and the legality of x or object.
A. Matter-subject
B. Essence
C. Matter of the subject
D. Subject-Matter
Subject- matter
Neither party can recover from the other on a X contract, but goods delivered may be recovered by an action in restitution.
A. voidable
B. void
C. cancel
D. voided
Void
A voidable contract may be made void at the instance of X the parties. A. A third person or by
B. All
C. Both
D. One of
One of
Contracts by X are the only formal contract in the law: it must be signed, sealed, and delivered.
A. dare
B. deed
C. doe
D. print
Deed
Simple contracts might be oral, or by writing or X.
A. implied by conduct
B. implied by fact
C. implied by the law
D. implied by the custom
Implied by conduct
Unlike the civil law ‘Droit des obligations”, the American Contract Law does not X torts.
A. Reject
B. Imply
C. Consider
D. Encompass
Encompass
American Contract law has its origin in English Common Law and continues to be common law in nature and methodology, but the US X individual states had passed specific legislation.
A. Forty-nine
B. Fifty
C. filthy
D. Fifty-one
Fifty
An X contract is one where the terms are stated words.
A. Reject
B. Imply
C. Consider
D. Encompass
Encompass
The National Conference, together with the American Law Institute, therefore, began work in 1942 on the project of a Uniform X Code (UCC).
A. Conflict
B. Contract
C. Consideration
D. Commercial
Commercial
The sales provisions of the Code apply to all sales of goods, not only to those between X.
A. Commerçants
B. Traders
C. Proprietors
D. Merchants
Merchants
The party tendering the offer, the X, manifests his intention to enter into a contractual obligation according to an objective (addressee-oriented) view of the circumstances.
The party tendering the offer, the X, manifests his intention to enter into a contractual obligation according to an objective (addressee-oriented) view of the circumstances.
A. offeror
B. offerer
C. offhand
D. offhand
Offeror
In order to know if a valid offer has been made, the following question must be asked: X a reasonable person, in the position of the recipient of the utterance, consider it as conferring on him the power to create a valid contract by means of acceptance?
A. Would
B. Could
C. Might
D. May
Would
Advertisements or X do not constitute offers in American law but are instead viewed as invitations to the addressee to make an offer.
A. Pubs
B. Clips
C. Claps
D. Ads
Ads
The offer must be sufficiently clear and certain and must contain the essential elements of the X proposed.
A. Bear
B. Bean
C. Accord
D. Deal
Deal
The most important way of termination of the offer includes lapse of time (such as when the offer had a specified time limit or when a “X time,” under the circumstances, has expired),
A. reasonable
B. tea
C. normal
D. usual
Reasonable
X Another important ways of termination of the offer include X by the offeror, or rejection by the offeree.
A. revocation
B. reclamation
C. denigration
D. evacuation
D. evacuation
Révocation
As a rule, an offer can be revoked any time before its acceptance. The rule is somewhat different in the case of X contracts.
A. Bilateral
B. Land
C. Accord
D. unilateral
Unilatéral
If the seller is a merchant and declares in writing that the offer is open for a specified time (otherwise for a reasonable time), the declaration will be considered a “X offer” and cannot be revoked.
A. Precise
B. Solid
C. Concrete
D. Firm
Firm
Contracts are presumptively enforceable and valid (validation principle), with X addressed and filled through interpretation.
A. Goops
B. Grasps
C. Hands
D. Gaps
Gaps
When an offeree relies on the offer and does expenses in a way that must have been foreseeable to the offeror, the Equity developed the doctrine of “X” to avoid the harshness of the consideration doctrine.
A. promise stopped
B. promissory estoppel
C. promised estoppel
D. promising estoppel
Promissory estoppel
Originally, promissory estoppel facilitated the enforceability of gift promises, especially X promises, based on altruistic motives.
A. intercity
B. interfamily
C. international
D. intern
Interfamily
Promissory estoppel will also be applied to “contracts” that have the outward characteristics of a bargain, but may be unenforceable because of other defects, such as non-compliance with X requirements.
A. born
B. corn
C. form
D. horn
Form
In addition to an express rejection, an acceptance introducing new terms or accepting under different conditions also constitutes a X.
A. dejection
B. rejection
C. projection
D. promising estoppel
Rejection
The acceptance, at common law, must agree in all respects with the offer (“X image rule») or else no contract will come about.
A. Glass
B. Pane
C. Window
D. Mirror
Mirror
If there is a variation in the “acceptance”, it is a rejection of the initial offer, constituting a new offer in its own right (X).
A. Offer counter
B. Against offer
C. Counteroffer
D. Anti-offer
Counteroffer
When offer and response differ but one party and accepted by the other nonetheless delivers goods, a contract will have been formed. Its terms are those of the last communication: the “X” rule.
A. Last Book
B. Good book
C. Last word
D. Good word
Last word
The X is difficult to apply in cases of parallel and inconsistent communications by the offeree.
A. mailbox rule
B. mail box rule
C. postal law
D. email rule
Mailbox rule
An offer terminates, in contrast to some civil law legal systems, with the X of the offeror or offeree prior to effective acceptance.
A. death or incapacity
B. death or capacity
C. Life or incapacity
D. Life or capacity
Death or incapacity
