Quiz 5 Flashcards

1
Q

contract equation

A

offer + acceptance = agreement

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2
Q

3 legal elements of a valid offer

A
  1. communication
  2. commitment
  3. definite terms
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3
Q

once the offeree receives a valid offer, he/she can make these 3 legal decisions

A
  1. counteroffer
  2. reject
  3. accept
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4
Q

3 legal element of valid acceptance

A
  1. communicated to the offeror himself
  2. absoulute and unqualified
  3. made in the mode prescribed
  4. express or implied
  5. prescribed within as reasonable time
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5
Q

list the 4 statue of fraud categories

A
  1. real estate
  2. paying someones debt
  3. 1+ year service contract
  4. over $500
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6
Q

if a verbal agreement is ____ the statute of frauds a ___ is not legally required

A

within

writing is

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7
Q

under the general rule of who must sign a required statue of fraud writing if less than all parties sign, it at last must be signed by the _____

A

defendant of the party to be charged

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8
Q

what is the parol evidence rule

A

you can’t change or modify the contract after the fact , exception is if the contract is unclear and ambiguous

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9
Q

non competition employment contracts are valid if _____, as to scope, ____ and ____

A

reasonable
time
area

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10
Q

florida follows the ____ rule of minors contracts

A

majority

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11
Q

the ____ rule of minor’s contracts allows the adult to receive credit for the cost of rpeair, use and depreciation to the goods sold

A

minority

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12
Q

the 2 exceptions to minors contracts

A

necessities of life

mental impairment

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13
Q

self created mental impairment (alcohol/drugs) will not allow a party to cancel his contract unless:

A

impaired by the other party

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14
Q

contracts naming you as a third party outsider beneficiary ____ enforceable by you as ___ beneficiary

A

are

intended

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15
Q

if your contract violates the law it is a _____ contract

A

void

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16
Q

2 types of legal impossibility of performance

A

destruction

subsequent illegality

17
Q

condition precedent

A

not liable until the condition occurs

18
Q

condition subsequent

A

liable now, but may no the after condition occurs