Special Deck - Contracts Flashcards
Difference between unilateral and bilateral?
Unilateral- a promise exchanged for an act. Bilateral - a promise exchanged for a promise.
Difference between Common Law and UCC
Common Law covers real estate and services; Universal Commercial Code covers sale of goods.
Define express contract
Explicit contract, either in writing or orally, where the intent is explicitly stated. Standard business contract
Define implied contract
Where the contract is formed by the behavior of the two parties involved. Can be legally binding in absence of a written or oral agreement
Define quasi-contract
“contract” formed by court where no clear agreement exists to avoid unjust enrichment by one party at the expense of the other.
Difference between executory and executed contract
Executed means completed, executory mean in progress (of being completed)
At what point in the contract process can an offer be accepted?
Offers must be received to be accepted. This applies to original offers, revocations (made by offeror), and refusals (made by offeree)