The Elements of a Valid Contract and How a Contract may be Terminated Flashcards

1
Q

What 5 criteria are needed to be met for a real estate contract to be valid?

A
  1. Competent Parties
  2. Mutual Agreement
  3. Lawful Objective
  4. Consideration
  5. In Writing
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2
Q

What does the Statute of Frauds require?

A

That certain contract must be in writing. Real estate contracts that transfer an interest in real property fall in this category, with the exception of a lease with a term of 1 year

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3
Q

What causes can create a termination of a contract?

A
  • Performance
  • Infeasibility
  • Mutual agreement
  • Assignment of a contract
  • Operation of law
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4
Q

What’s another term for the termination of a contract?

A

Cancellation and Discharge

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5
Q

The Statute of Limitations restricts the time period for _

A

Which an injured party in a contract has the right to bring a lawsuit against the other party

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6
Q

A breach of contract gives the damaged party the right to take legal action in one of these ways:

A
  • Rescission
  • Forfeiture
  • Suit for damages
  • Suit for specific performance
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7
Q

What is a reformation necessary for?

A

Necessary to correct or modify the contract that has a mechanical or clerical error

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