Quiz 4 definitions

Question 0

Identification clause

Answer 0

Can be used to identify the parties, set out address, dates, and type of contract

Question 1

Recital clauses

Answer 1

Can be used to set out the offer and the acceptance of the parties; provide background and reasons for the contract. It is not part of the contract

Question 2

Body of the contract

Answer 2

Sets out the terms, conditions, obligations, and responsibilities of the parties

Question 3

Integration

Answer 3

When the parties agree that the document represents the final expression of their agreement, it is referred to as an integrated agreement

Question 4

Merger clause

Answer 4

A clause in the contract that states the document is the complete and final agreement between the parties

Question 5

Self proving document

Answer 5

A document wherein the signature or signatures of the parties are verified and sworn to before a notary public. It can be used as evidence in court without calling in the persons who signed the document

Question 6

Scriveners error

Answer 6

A typographical error or a drafting defect

Question 7

Parol evidence rule

Answer 7

Applies to oral or written statements made prior to the final integrated contract that would be barred from being introduced as evidence because such statements or writing contradicts, changes, or alters the integrated contract in some way

Question 8

Subsequent agreement

Answer 8

An amendment to the original contract. A separate, later agreement that changes or modifies the original agreement

Question 9

Boiler plate

Answer 9

Clauses in contracts that contain standard terms that can be used in all contracts as they are not adapted to the individual parties or circumstances. Language that can be used in any contract

Question 10

Active voice

Answer 10

The subject of the sentence acts.

Question 11

Passive voice

Answer 11

The subject of the sentence is acted upon

Question 12

Sever-ability clause

Answer 12

Clause in the contract that provides in the event that any part of the contract is found to be invalid or Unenforceable, the remainder of the contract shall remain in effect

Question 13

Legalese

Answer 13

Very formal, often archaic, language used in a contract. Language that is used to impress the client

Question 14

Incorporation by reference

Answer 14

A reference to an outside document that is not part of the contract, but which the parties want to make a part of the contract by referencing to it

Question 15

Proofread

Answer 15

To examine a document for errors or omissions or inconsistencies of any kind

Question 16

Notary public

Answer 16

Individual authorized by the state to administer oaths and certify documents, as well as attest to the authenticity of the signatures of signees