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Chapter 6-10
Term | Definition |
---|---|
Contracts | Agreements between two or more parties |
Offeror | Makes the offer |
Offeree | Person who its made to |
Offer | Proposal by an offeror |
Revocation | Withdraw a offer before its accepted |
Counteroffer | Offeree changes the terms to the contract |
option | something of value to keep offer open |
Firm Offer | Written offer stating how long it will stay open |
Acceptance | to accept the contract |
Mirror Image rule | Acceptance must exactly match the terms |
Bilateral | offeree accept by communicating the request promised |
Unilateral | indicate acceptance by preforming the test |
Genuine Assent | True & complete agreement |
Voidable | cancel the contractual obligation |
rescission | get back whatever they put out already |
Ratification | intend to be bound by the contract |
duress | improper threat to act an agreement |
Undue influence | one party is dominating the other party |
Unilateral Mistakes | one party holds a incorrect belief |
Mutual Mistake | Both have a incorrect belief |
Material Facts | facts influencing decisions about the contract |
Void | voided |
innocent misrepresentation | make statements that are untrue |
Fraudulent misrepresentation | known the statement was untrue |
Fraud | misrepresenation |
Consideration | what a person demands in the contract |
gift | transfer of ownership without anything in return |
donor | giver of the gift |
donee | receiver of the gift |
forbearance | to not do something |
promisor | promising an action |
promisee | person who the promise is made to |
legal Value | been a change in a partys legal position |
nominal consideration | token amount stated instead |
output contract | if the contract contains producers production |
Requirement's contract | supply all the needs of a buyer |
liquidated debt | one party agrees that the debt exists |
Accord and satisfaction | payment offered in full settlement by the debater |
Release | discharge agreement |
composition with creditors | debtor agrees not to file for bankruptcy |
Past Consideration | an act already been preformed |
Statute of limitations | time limit for bringing a law suit |
Promissory estoppel | prevents promisors from stating they did not receive consideration |
Contractual capacity | ability to understand the contract |
Age of majority to contract | age where a person can manage there own life |
minor | person not reached the age of majority |
minority | being below the age of majority |
necessaries | things needed to maintain life |
emancipation | making child be supported by themselves |
mental incapacity | mental insane |
intoxication | being under the influence |
scope of authority | range of contractual acts |
disaffirmance | refusal to be bound by a previous legal commitment |
ratification | action by the party indicating being bound by the contract |
lottery | three elements prize chance and consideration |
wager | common forms of gambling |
compounding a crime | informing on or prosecuting an alleged crime |
competency license | ensure they can preform |
revenue license | raise revenue |
price fixing | crime under federal law |
bid rigging | price fixing |
unconscionability | occurs when there is a unfair contract |
statute of frauds | contracts must be in writing to be enforceable |
executed contract | fully preformed contract |
executor contract | not been fully preformed |
quasi-contract | enforceable contract piece is missing |
parole evidence | consist of word spoken prior o the final writting |