Vocab Chap 2: Contracts : Formation and Contents

Question 1

assent (=agree) to what has actually been offered

Answer 1

acceptance

Question 2

….is the person to whom an assignment is made

Answer 2

assignee

Question 3

….in contract law means the transfer by a party to a contract of their rights and liabilities under that agreement to another party

Answer 3

assignment

Question 4

….who assigns and transfers to another

Answer 4

assignor

Question 5

an arrangement -> invite potential buyers -> make a bid

offer

Answer 5

auction

Question 6

a right of action be enforced in a court of law

Answer 6

a legal chose in action

Question 7

a right of action be enforced in a court of equity

Answer 7

an equitable chose in action

Question 8

a preliminary contract on which the main contract is based

Answer 8

a collateral contract

Question 9

a term of the contract

Answer 9

condition

Question 10

sự vi phạm điều kiện hợp đồng

Answer 10

breach of contract

Question 11

the giving of something of value in exchange for a promise

Answer 11

consideration

Question 12

an offer made in response to an offer (and therefore implicitly rejecting that offer

Answer 12

counter-offer

Question 13

an instrument (a document) passes an interest, right, property to another, not require consideration
chuyển nhượng bằng chứng thư

Answer 13

a deed

Question 14

using the internet to make a contract requires communication of the acceptance

Answer 14

electronic communications

Question 15

out of grace (polite, respectful), given without obligation to do so

Answer 15

ex-gratia

Question 16

a term of a contract which attempts to limit or exclude, the liability of the party inserting it

Answer 16

exemption clause = exclusion/ exception clause

Question 17

to give up sth, to give up a right or opportunity, a promise not to do something

Answer 17

forbearance

Question 18

arise when the parties exchange promises, the consideration to be performed in the future

Answer 18

future (executory) consideration

Question 19

a statement by a potential offeree indicating a willingness to consider offers
a statement inviting offers

Answer 19

invitation to treat

Question 20

a letter usually written by a parent company in general terms to a lender about a loan to a subsidiary of the parent company acknowledging the proposed loan

Answer 20

letter of comfort

Question 21

a person under 18 years old

Answer 21

minor

Question 22

refers to ending an existing contract and creating a new contract, usually on the same terms, but with one of the parties being different

Answer 22

novation

Question 23

an invitation to a person or persons to deal on certain terms

Answer 23

an offer

Question 24

the recipient of an offer

Answer 24

offeree

Question 25

the person who makes an offer

Answer 25

offeror

Question 26

evidence given verbally or orally

Answer 26

parol evidence

Question 27

arises where the promise is made after the acts

Answer 27

past consideration

Question 28

if a contract is made through the postal service, the offeree’s posting a letter signifies acceptance

Answer 28

postal acceptance rule

Question 29

arises where an act is done in return for a promise

Answer 29

present (excuted) consideration

Question 30

a belief or assumption based on reasonable evidence. In the case of intention, there is a rebuttable presumption (giả định để bác bỏ)

Answer 30

presumption

Question 31

of first appearance

Answer 31

prima facie

Question 32

means, as a general rule, that only the parties to a contract can acquire rights or incur liabilities under it

Answer 32

privity of contract (quan hệ hợp đồng)

Question 33

the person to whom a promise is made (the recipient of the promise)

Answer 33

promisee

Question 34

the person making or giving the promise

Answer 34

promisor

Question 35

occurs when representations or promises made by one party (the promisor) not to enforce contractual rights are acted on by the other party (the promisee) in such a way that if the promisor was allowed to go back on the promise the promisee would suffer some detriment

Answer 35

promissory estoppel

Question 36

that which is capable of ownership and is divided into two categories: real property (land) and personal property (goods)

Answer 36

property

Question 37

statements not meant to be true, but to attract attention

Answer 37

puff

Question 38

affirmation of an agreement. Confirmation that there is a valid agreement in place. A person may ratify an agreement expressly or by conduct.

Answer 38

ratification/ratify

Question 39

refuse to accept an offer

Answer 39

reject

Question 40

in contract law, statements made by the parties in the course of negotiating a contract which are intended to induce the ultimate agreement but not intended to form part oof the contract as terms

Answer 40

representations

Question 41

an indication by a party to a contract that he or she is unwilling or unable to perform his or her obligations under the agreement. A contract may be repudiated (disclaimed) by express words or the repudiation may be implied from the conduct of the party (unless legislation provides otherwise)

Answer 41

repudiation/pi repudiate

Question 42

putting an end to a contract in a way that treats it as if it never existed. An agreement can only be rescinded at common law where the parties can be returned to their pre-contractual position. Equity allows recission on wider grounds

Answer 42

rescission/rescind (bãi bỏ)

Question 43

to revoke or withdraw an offer

Answer 43

revocation

Question 44

contracts not made under seal (they require intention agreement and consideration)

Answer 44

simple contract

Question 45

an invitation such as an advertisement, for offers which may or may not be accepted

Answer 45

tender

Question 46

a contract, is a clause or provision which is promissory in nature and which is intended to form part of the agreement. It may be further classified as a condition, warranty or intermediate term, depending on the intention of the parties

Answer 46

term

Question 47

a civil wrong other than a claim for breach of contract and for which the remedy is generally damages

Answer 47

tort

Question 48

against good conscience, so unfair that a court will not enforce an agreement

Answer 48

unconscionable

Question 49

a contract that is “void” is one on which neither party can sue or be sued

Answer 49

void

Question 50

a contract that is void from the beginning.

Answer 50

void ab initio

a contract that is voidable may only be rendered void ab initio if the agreement may be rescinded

Question 51

a contract that may be avoided (set aside) either at the will of a party (by repudiating or rescinding the agreement) or by a court order

Answer 51

voidable

Question 52

a term of the contract which is subsidiary (of lesser importance) to the main purpose of the contract and which confers on the innocent party only a right to sue for damages.

Answer 52

warranty