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Chapter 12

Quiz yourself by thinking what should be in each of the black spaces below before clicking on it to display the answer.
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Term
Definition
show An agreement and payment (or other performance) between two parties, one of whom has a right of action against the other.  
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show An assertion or action by a party indicating that he or she will not perform an obligation that the party is contractually obligated to perform at a future time.  
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show The act of transferring to another all or part of one’s rights arising under a contract.  
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show A mistake that occurs when both parties to a contract are mistaken about the same material fact.  
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Breach of Contract   show
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Commercial Impracticability   show
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Condition   show
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show In a contractual agreement, a condition that must be met before a party’s promise becomes absolute.  
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show Special damages that compensate for a loss that is not direct or immediate.  
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show The transfer of a contractual duty to a third party.  
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show The termination of one’s obligation under a contract.  
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show A doctrine under which a party to a contract is relieved of his or her duty to perform when performance becomes objectively impossible or totally impracticable (through no fault of either party).  
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Incidental Beneficiary   show
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Intended Beneficiary   show
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Liquidated Damages   show
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Mitigation of Damages   show
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Mutual Rescission   show
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Novation   show
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show A sum named in a contract as punishment for a default.  
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show The fulfillment of one’s duties arising under a contract.  
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Quasi Contract   show
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show A court-ordered correction of a written contract so that it reflects the true intentions of the parties.  
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Restitution   show
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Scienter   show
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Specific Performance   show
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show A state statute under which certain types of contracts must be in writing to be enforceable.  
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Tender   show
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show One for whose benefit a promise is made in a contract but who is not a party to the contract.  
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show A mistake that occurs when one party to a contract is mistaken as to a material fact.  
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show Knowledge of, and genuine assent to, the terms of a contract.  
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