Quiz 4 Vocab - Test 1

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. Is not a part of the contract

Question 2

Identification clause

Answer 2

Can be used to Identify the parties, set out addresses, dates, and type of contract

Question 3

Body of the Contract

Answer 3

sets out the terms, conditions, obligations, and responsibilities of the parties.

Question 4

Integration

Answer 4

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

Question 5

Merger Clause

Answer 5

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

Question 6

Self-Proving Document

Answer 6

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 person(s) who signed the document.

Question 7

Scrivener’s Error

Answer 7

a typographical error or a drafting defect.

Question 8

Parol Evidence Rule

Answer 8

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

Question 9

Subsequent Agreement

Answer 9

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

Question 10

Boilerplate

Answer 10

lauses 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 11

Active Voice

Answer 11

The subject of the sentence acts. (Example: the builder shall obtain liability insurance before beginning construction).

Question 12

Passive Voice

Answer 12

The subject of the sentence is acted upon. (Example: liability insurance shall be obtained before construction begins).

Question 13

Severability Clause

Answer 13

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

Question 14

Legalese

Answer 14

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

Question 15

Incorporation by Reference

Answer 15

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 16

Proofread

Answer 16

to examine a document for errors or omissions or inconsistencies of any kind.

Question 17

Notary Public

Answer 17

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