Test 2 Cards Flashcards
Chapter 9-18
Contract
- Legally enforced agreement
Offeror
- Party who makes an offer to enter into a contract
Offeree
- Party to whom an offer to enter into a contract is made
Components of a Contract
- Serious agreement
- Consideration
- Contractual Capacity
- Lawful Object
Consideration
- Something of legal value given in exchange for a promise
- Both sides must give consideration to other
Contractual Capacity
- The necessary capacity of parties to enter into the contract
- People who can enter a contract must be sane
- Minors could enter into a contract
Lawful Object
- An element of a contract that is met where the object of a contract is not illegal
- Has lawful purpose
Contract Types
- Bilateral
- Unilateral
Bilateral
- A contract entered into by way of exchange of promises of the parties
- Promise for promise
- As soon as promises are exchanged then the contract is formed
Unilateral
- A contract in which the offeror’s offer can be accepted only by the performance of an act by the offeree
- Promise for performance
- Contract is formed when performance is rendered
Formal Contract
- Contract that has a state seal
Informal Contract
- Contract that has no state seal
Void Contract
- A contract that has no legal effect
Voidable Contract
- One party and only one can escape the contract
Executed
- A contract that has been fully performed on both sides
- Completed contract
- Both sides did everything they had to do
Executory
- A contract that has not been fully performed
- Incomplete contract
Express Contract
- An agreement that is expressed in written or oral words
Implied-In-Fact Contract
- A contract in which an agreement between parties has been inferred from their conduct
- No words used
- Also known as Contract by Conduct
Court of Equity
- Court that granted relief based on fairness
- Fairest possible thing for all parties
- Also called Equity Court
Agreement
- The manifestation by two or more persons of the substance of a contract
What is the difference between a contract and an agreement?
- A contract is legally binding
Offer
- The manifestation of willingness to enter into a bargain
True or False: An offer is effective without communication to the offeree from the offeror
- False, no offer is effective until communicated
Advertisement
- An invitation to make an offer or invitation to negotiate
True or False: If an advertisement says it is an offer, it is considered a valid offer
- False, advertisements are invitations to make an offer even if the add says it is an offer
Auction
- A sale in which a seller of goods offers goods for sale through an auctioneer
Auction with Reserve
- An auction in which the seller retains the right to require the highest bid and withdraw the goods from sale
Auction without Reserve
- An auction in which the seller expressly gives up his or her right to withdraw the goods from sale and must accept the highest bid
- Once bidding starts you are forced to accept the offer
True or False: Unless expressed otherwise, an auction is an auction without reserve
- False, unless expressed otherwise, an auction is an auction with reserve
True or False: The auctioneer is the judge, jury, and executioner
- True
True or False: Sale in an auction is complete when gavel is struck once
- True
True or False: In an auction, between saying “sold” and the gavel striking, it is up to the seller to accept or ignore the offer
- False, it is up to the auctioneer to accept or ignore offer
Rules of Offers
- Can only be one offer on the table
- If offer is terminated, it stays dead
Revocation
- The withdrawal of an offer by an offeror prior to its acceptance by the offeree
- Only offerors can revoke an offer
True or False: Dead offers cannot be revived
- True
Rejection
- Express words or conduct by the offeree that rejects an offer
- Offeree can be the only one to do this
- Terminates the offer
Counteroffer
- A response by an offeree that contains terms and conditions different from or in addition to those of the offer
- Terminates original offer
- Counter-offeree can only accept it
Destruction of Subject Matter
- An offer terminates if the subject matter of the offer is destroyed through no fault of either party prior to the offer’s acceptance
True or False: If the offeror dies or loses their sanity before acceptance, the offer is still valid
- False, if the offeror dies before acceptance offer is not valid because the offer has died with them
True or False: An offeree is the only person who can accept the offer
- True
True or False: There can be more than one offeree
- True
Unequivocal Acceptance
- An offeree’s acceptance of an offer that is clear, unambiguous, and has only one possible meaning
- Absolute acceptance
Mirror Image Rule
- A rule that states that for an acceptance to exist, the offeree must accept the terms as states in the offer
- Acceptance must be mirror image of the offer
- Any variance creates counteroffer
True or False: Silence can be acceptance
- False, silence is never acceptance
Mailbox Rule
- A rule that states that an acceptance is effective when it is dispatched, even if it is lost in transmission
- Tie breaking rule between revocation and acceptance occurring at the same time
True or False: The mailbox rule applies to certain forms of transmission
- False, the mailbox rule applies to every form of transmission including fax, email, text, etc.
Consideration
- Something of legal value is given in exchange for a promise
- Both sides must give consideration
True or False: Consideration given to another person does not have to be of equal value
- True
Gift Promise
- A promise that is unenforceable because it lacks consideration
Inter Vivos Gift
- A gift between two living people
Illegal Consideration
- A promise to refrain from doing an illegal act
- Such a promise will not support a contract
Output Contract
- A contract in which a seller agrees to sell all of its production to a single buyer
- Pertains to the seller
Requirements Contract
- A contract in which a buyer contracts to purchase all of its requirements for an item from one seller
- Pertains to buyer
- Buyer purchases from one seller
Promissory Estoppel
- An equitable doctrine that permits enforcement of oral contracts that should have been in writing
- Prevents unjust enrichment
What does estops mean?
- To prevent
Elements of Promissory Estoppel
- Promisor made a promise
- Promisor should have reasonably expected to induce the promisee to reply on the promise
- Promisee actually relied on the promise
- Injustice would be caused if the promise were not enforced
True or False: Modern society defines a minor as “18 and under”
- True
Age of Majority
- The legal age, as set by state law, for a person to have the capacity to enter into a contract
Rules For Minors Regarding Contract
- Could enter into a contract
- Any contract a minor enters into with an adult is voidable
- Minor must understand the contract
True or False: Age doesn’t matter when entering a contract
- False, age matters
Disaffirmance
- The act of a minor to rescind a contract under the infancy doctrine
- Minor escaping from contract
- May be accomplished orally, in writing, or by the minor’s conduct
Ratification
- The act of a person after he or she has reached the age of majority by which he or she accepts a contract entered into when he or she was a minor
- Only an adult can ratify a contract
Necessaries of Life
- Food, clothing, shelter, medical care, and other items considered necessary to the maintenance of life
- Minors must pay the reasonable value of necessaries of life for which they contract
Two types of Mentally Incompetent Persons
- Permanent Mental Incompetence
- Episodic
Permanent Mental Incompetence
- Could enter into a contract but only into one they could understand
Episodic Mental Incompetence
- Could only enter into one when competent
Adjudged Insane
- Declared legally insane by a judge
- Contract with an adjudged insane person is void
True or False: A medical professional can rule legally declare a person to be insane
- False, only a judge rules a person insane
Intoxicated Persons
- A person who is under contractual incapacity because of ingestion of alcohol or drugs to the point of incompetence
True or False: Someone can be lawfully intoxicated and still know what they are doing which means that they cannot escape the contract
- True
True or False: Not using intoxicating medications as prescribed is illegal
- True
Usury Law (Modern)
- A law that sets an upper limit on the interest rate that can be charged on certain types of loans
- Lending money at excessive interest
Ancient Definition of Usury Law
- Lending money at any interest
- Penalty was death to the person that lent money and person that received the money
Excessive Interest
- Federal maximum is 39.99%
True or False: Every state in the United States has a different usury rate
- True, every state has it’s own
Capital Good
- A good that lasts for 5 years or more
Consumer Good
- A good that lasts for less than 5 years
Credit Unions
- Member owned
- Have different laws applied to them
Commercial Banks
- Charge the consumer as much interest as possible in order to give money to the shareholders
Immoral Contracts
- Objective is commission of an act that society considers immoral