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Chapter 7

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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Question
Answer
What is an express term?   Ambiguous or explicit promise  
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What is an implied term?   Intended not expressly. Judge is entitled to add implied terms and there is statutory requirements. Also, implied terms are for parties with previous dealings.  
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What is quantum meruit?   (Contractual) Awards one party a reasonable sum for goods  
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How do courts interpret contracts?   Rules for construction, parole evidence rule ( Limits evidence for parties or contents), statutory requirements, entire contract clause ( Agree complete as written), and electronic contracts ( Person who introduces must prove authenticity) .  
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What are the contractual terms to managing risks?   Changed circumstances similar to frustration and conditional agreements, such as: Condition subsequent: Condition when occurs contract ends and condition precedent: condition when occurs suspends parties contracts obligations to perform  
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How do you manage liability?   By limitation of liability, exemption clause, and liquidated damages clause ( How much one part will owe the other in breach)  
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What is a standard from contract?   Take it or leave it, read and understand before signing because it is non-negotiable and protect your own interest  
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What is shrink wrap?   Is enclosed terms with product ( Prepackaged)  
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What is click wrap?   User agrees to terms when buying or downloading stuff ( License)  
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What is browse wrap?   Accept terms on the site  
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