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NALS CH.12_500801

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Term
Definition
Acceptance   In contracts, the situation occurring when the offeree is in total agreement with the offeror.  
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Accord and Satisfaction   Accord is accepting a substituted item or service in place of the one promised in the original contract. Satisfaction occurs when the substituted item is accepted.  
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Account Stated   A summarized statement of a debtor's account.  
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Assign (assignment)   To designate something to someone.  
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Assignee   A person to whom an assignment is made.  
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Assignor   A person who assigns a right, whether or not he or she is the original owner thereof.  
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Bilateral Contract   A contract in which both parties make a promise.  
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Breach of Contract   A legal cause of action in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance.  
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Competent Parties   Person or organization having the required legal capacity to enter into a binding contract.  
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Contract   A written or spoken agreement, especially one concerning employment, sales, or tenancy, that is intended to be enforceable by law.  
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Counteroffer   An offer made in response to another.  
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Discharge   Tell (someone) officially that they can or must leave, in particular.  
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Duress   constraint illegally exercised to force someone to perform an act.  
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Executed Contracts   A contract document signed by all parties to it.  
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Executory Contract   Contract under execution, or where one or more parties have not yet performed their duties as stipulated in the contract document.  
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Express Contract   Contract whose terms are clearly spelled out, usually in writing.  
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Formal Contract   Contract made legally enforceable by following a prescribed format, and by incorporating standardized conditions and provisions in its body.  
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Fraud   Act or course of deception, an intentional concealment, omission, or perversion of truth.  
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Implied Contract   A legally enforceable agreement that arises from conduct, from assumed intentions, from some relationship among the immediate parties, or from the application of the legal principle of equity.  
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Impossibility of Performance   A circumstance, condition, or fact beyond the control of the parties may excuse performance where means of performance is not available (due to its deterioration or destruction).  
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Informal Contract   Agreement that is not (or need not be) in a prescribed format to be legally valid and binding.  
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Innocent Misrepresentation   A legal term that means a false statement of fact that has the effect of inducing someone into a contract.  
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Invitations to Offer   When one or many party/persons are invited to one or more offer is called as invitation to offer, it is not require for them to get into contract.  
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Mirror Image Rule   Also referred to as an unequivocal and absolute acceptance requirement states that an offer must be accepted exactly with no modifications.  
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Misrepresentation   The action or offense of giving a false or misleading account of the nature of something.  
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Money Damages   A type of relief that awards money as compensation for some injury.  
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Novation   The substitution of a new contract in place of an old one.  
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Offer   Present or proffer (something) for (someone) to accept or reject as so desired.  
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Offeree   One to whom an offer is made: a contract is formed when there is mutual assent between the parties.  
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Offeror   To present for acceptance or rejection  
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Performance   Fulfilling the terms of a contract.  
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Rescission   Repeal of a contract and doing whatever it takes to make a contract whole.  
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Restitution   Act of restoring a thing to its rightful owner. (Paying for the damage)  
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Specific Performance   Do a specific thing.  
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Undue Influence   When you are pressured into a contract.  
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Unilateral Contract   A promise conditioned by the promise of another.  
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Valid Contract   A accepted contract.  
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Void Contract(s)   A contract that is not in motion anymore.  
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Voidable Contract   A contract that can be voided if needed.  
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