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Chapter 7

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Acceptance   A voluntary act by the offeree that shows assent, or agreement, to the terms of an offer; may consist of words or conduct.  
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Accord And Satisfaction   A common means of settling a disputed claim, whereby a debtor offers to pay a lesser amound than the creditor purports is owed.  
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Agreement   A meeting of two or more minds in regard to the terms of a contract; usually broken down into two events- an offer by one party to form a contract and acceptance of the offer by the person to whom the offer is made.  
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Bilateral Contract   A type of contract that arises when a promise is given in exchange for a return promise.  
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Consideration   Generally, the value given in return for a promise; involves two elements - the giving of something of legally sufficient value and a bargained-for exchange.  
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Contract   An agreement that can be enforced in court; formed by two or more competent parties who agree, for consideration, to perform or to refrain from performing some legal act now or in the future.  
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Counteroffer   An offeree's respons to an offer in which the offeree rejects the original offer and at the same time makes a new offer.  
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Covenant Not To Sue   An agreement to substitute a contractural obligation for some other type of legal action based on a valid claim.  
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Estopped   Barred, impeded, or precluded.  
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Executed Contract   A contract that has been fully performed by both parties.  
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Executory Contract   A contract that has not yet been fully performed.  
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Express Contract   A contract in which the terms of the agreement are stated in words, oral or written.  
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Forbearance   The act of refraining from an action that one has a legal right to undertake.  
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Formal Contract   A contract that by law requires a specific form, such as being executed under seal, for its validity.  
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Implied-In-Fact Contract   A contract formed in whole or in part from the conduct of the parties.  
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Informal Contract   A contract that does not require a specified form or formality to be valid.  
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Liquidated Debt   A debt for which the amount has been ascertained, fixed, agreed on, settled, or exactly determined.  
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Mailbox Rule   A rule providing that an acceptance of an offer becomes effective on dispatch, if mail is, expressly or impliedly, an authorized means of communication of acceptance to the offeror.  
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Mirror Image Rule   A common law rule that requires that the terms of the offeree's acceptance adhere exactly to the terms of the offeror's offer for a valid contract to be formed.  
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Offer   A promise or commitment to perform or refrain from performing some specified act in the future.  
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Offeree   A person to whom an offer is made.  
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Offeror   A person who makes an offer.  
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Option Contract   A contract under which the offeror cannot revoke the offer for a stipulated time period. During this period, the offeree can accept or reject the offer without fear that the offer will be made to another person.  
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Past Consideration   An act that takes place before the contract is made and that ordinarily, by itself, cannot be consideration for a later promise to pay for the act.  
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Promise   An assertion that something either will or will not happen in the future.  
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Promisor   A person who makes a promise.  
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Promissory Estoppel   A doctrine that applies when a promisor makes a clear and definite promise on which the promisee justifiably relies. Such a promise is binding if justice will be better served by the enforcement of the promise.  
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Quasi Contract   A fictional contract imposed on the parties by a court in the interests of fairness and justice; usually imposed to avoid the unjust enrichment of one party at the expense of another.  
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Release   A contract in which one party forfeits the right to pursue a legal claim against the other party.  
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Rescission   A remedy whereby a contract is canceled and the parties are returned to the positions they occupied before the contract was made; may be effected through the mutual consent of the parties, by the parties' conduct, or by court decree.  
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Revocation   In contract law, the withdrawal of an offer by an offeror.  
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Unenforceable Contract   A valid contract rendered unenforceable by some statue or law.  
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Unilateral Contract   A contract that results when an offer can be accepted only by the offeree's performance.  
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Valid Contract   A contract that results when the elements necessary for contract formation are present.  
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Void Contract   A contract having no legal force or binding effect.  
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Voidable Contract   A contract that may be legally avoided at the option of one or both of the parties.  
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