Vocab 10 Flashcards
A declaration that binds a person who makes it (the promisor) to do or not do a certain act.
Promise
A person who makes a promise.
Promisor
A person to whom a promise is made.
Promisee
A set of promises constituting an agreement between parties, giving each a legal duty to the other and the right to seek a remedy for the breach of the promises or duties.
Contract
The view that contracting parties shall only be bound by terms that can be objectively inferred from promises made.
Objective Theory of Contracts
A person who makes an offer.
Offeror
A person to whom an offer is made.
Offeree
A type of contract that arises when a promise is given in exchange for a return promise.
Bilateral Contract
A type of contract that results when an offer can be accepted only by the offeree’s performance.
Unilateral Contract
An agreement that by law requires a specific form for its validity.
Formal Contract
A contract that does not require a specific form or method of creation to be valid.
Informal Contract
A contract in which the terms of the agreement are stated in words, oral or written.
Express Contract
A contract formed in whole or part from the conduct of the parties.
Implied Contract
A contract that has been fully performed by both parties.
Executed Contract
A contract that has not yet been fully performed.
Executory Contract
A contract that results when the elements necessary for contract information (agreement, consideration, capacity, and legality) are present.
Valid Contract
A contract that may be legally avoided at the option of one or both of the parties.
Voidable Contract
A valid contract rendered unenforceable by some statute or law.
Unenforceable Contract
A contract having no legal force or binding effect.
Void Contract
A Latin phrase meaning “as much as he or she deserves.” The expression describes the extent of compensation owed under a quasi contract.
Quantum Meruit
An obligation or contract imposed by law (a court), in the absence of an agreement, to prevent the unjust enrichment of one party.
Quasi Contract
Any evidence not contained in the contract itself, which may include the testimony of the parties, additional agreements or communications, or other information relevant to determining the parties’ intent.
Extrinsic Evidence