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Basic Contract Law for Paralegals

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Accord & Satisfaction   a special agreement in which the parties to a disputed contract agree to new terms in exchange for forbearing to sue under the original contract.  
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Caveat emptor   Latin phrase meaning "let the buyer beware".  
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Caveat venditor   Latin phrase meaning "let the seller beware".  
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Charitable subscription   pledge or promise to donate money to a charity; given the enforceability of a contract under law.  
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Conditional promise   a promise dependent on the happening or non happening of a future event.  
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Consideration   a benefit conferred or a detriment incurred; a basic requirement of every valid contract.  
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Co-signer   person who agrees to be equally liable with a promisor under a contract.  
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Formal contract   written contract under seal specifically enforced by statute.  
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Guarantee   an enforceable written promise to answer for the debts of another.  
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Guarantor   person who agrees to be responsible to answer for the debts of another should the debtor default.  
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Mutuality of consideration   the bargain element of a contract that requires each side to give and receive something of legal value.  
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Nominal consideration   consideration of insufficient legal value to support a contract.  
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Preexisting duty role   promises to do what one is already bound to do is not consideration.  
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Promissory estoppel   doctrine in which promises not supported by consideration are given enforceability, if the promissee had detrimentally relied on the promises.  
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Quid pro quo   Latin phrase meaning "this for that", the mutuality of consideration.  
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Sham consideration   legally insufficient consideration used to mask a gift in words of contract.  
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Sufficiency of the consideration   doctrine that each party to a contract must contribute something of legal value for which he has bargained.  
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Created by: dawnbryant
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