Contracts | Agreements and consideration | Capacity and legality | Genuineness of assent and undue influence | Breach of Contracts and remedies |
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Contract
an agreement that is enforceable by a court of law or equity
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The offeree
Who can accept an offer?
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Infancy doctrine
Gives a minor the right to disaffirm most contracts that they have entered into with adults.
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Fraud in the Inception
occurs when a person is deceived as to the nature
of their act and is unaware of what they are signing. |
Breach of contract
If a contracting party fails to perform an absolute duty owed under a contract.
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Electronic contract
A contract that is formed electronically.
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Agreement
is created when an offeror’s offer is accepted by the offeree.
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Adjudged insane
A/ an _________ person is declared insane legally by a proper court or administrative agency.
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Unilateral mistake
When only one party is mistaken about a material fact regarding the subject matter of the contract.
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Restitution
Returning of goods or property received from the other party in order to rescind a contract; if the actual goods or property is not available, a cash equivalent must be made.
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Offerer
The party who makes an offer to enter into a contract
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Revocation
Withdrawal of an offer by the offeror terminates the offer.
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Ratified
When a minor does not disaffirm a contract within a reasonable period of reaching their majority or during the period of their minority, the contract is considered __________.
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Innocent misrepresentation
Occurs when an agent makes an untrue statement that he or she honestly and reasonably believes to be true.
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Equitable remedies
A remedy that is available if there has been a breach of contract that cannot be adequately compensated through a legal remedy or to prevent unjust enrichment.
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Equity
A doctrine that permits judges to make decisions based on fairness, equality,
moral rights, and natural law. |
First
Finding mutual assent between the contracting parties is the _____ element of a contract.
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Exculpatory Clauses
These provisions relieve one or both parties to a contract from tort liability except in cases of intentional torts or gross negligence.
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Mutual mistake of a material fact
A mistake made by both parties concerning a material fact that is important to the subject matter of the contract.
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Anticipatory breach
A breach that occurs when one contracting party informs the other that he or she will not perform his or her contractual duties when due.
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Electronic commerce
The sale and lease of goods and services and other property and the licensing of software over the Internet or by other electronic means.
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Mirror- image rule
To meet this rule, the offeree must accept the terms of the offer without modification.
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Covenant not to compete
A contract that provides that a seller of a business or an employee will not engage in a similar business or occupation within a specified geographical area for a specified time following the sale of the business or termination of employment.
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Undue influence
Occurs where one person takes advantage of another person’s mental, emotional, or physical weakness and unduly persuades that person to enter into a contract or will; the persuasion by the wrongdoer must overcome the free will of the innocent party or testator.
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Writ of garnishment
An order of the court that orders that wages, bank accounts, or other property of the breaching party held by third persons be paid to the nonbreaching party to satisfy a judgment.
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