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Module 3
Contract I - Formation of Contracts
| Term | Definition |
|---|---|
| Acceptance | the agreement of an offeree either expressly or by conduct to terms made by the offeror |
| Agreement | the offer and acceptance of a contract |
| Bilateral Contract | a contract in which both parties have promised to perform; a promise made in exchange for a return promise |
| Capacity | the legal competence or ability of a person to enter into a valid and enforceable contract |
| Consideration | the inducement to a contract; an act or forbearance or the promise thereof by one party made in exchange for the act or promise of another |
| Counteroffer | a return offer that is different than the original |
| Express Contract | a contract created by the explicit language of the parties |
| Implied Contract | a contract inferred from the conduct of the parties |
| Legality | an element of a contract that requires a lawful purpose |
| Offer a promise of performance or Track progress | a promise of performance |
| Offeree | a party to whom an offer is made |
| Offeror | a party who makes an offer |
| Option Contract | a contract in which a time period is specified within which an offer must be accepted |
| Promise | a legally binding declaration that one will do or refrain from doing something specified which gives the person to whom it is made a right to expect or to claim the performance or forbearance of an act |
| Revocation | the act of annulling by recalling or taking |
| Rejection | the act of refusing to accept |
| Unconscionable | shockingly unfair or unjust |
| Unilateral Contract | a contract where one party promises to perform; a promise made in exchange for an act |