Business Law 9.0 Flashcards

chapter 9

1
Q

contract

A

binding agreement that a court would enforce

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

a contract can be what

A

verbal or filmed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

what are the 2 ways of breaching a contract

A

completely fails to perform
and
imperfect performance

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

golden rule of contracts

A

the goal of contract law is to put the non-breaching party in the same position they would have been in if the contract had not been performed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

if party A breaches their contract with party B, what can B do?

A

sue
or
stop performing under the contract

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

does “stop performing” mean breach the contract back?

A

no

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

what can some one sue for in the case there is sale of assets

A

sue for the amount of KNOWN future profits

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

compensatory damages

A

money; the amount of money needed to compensate the non breaching party as a result of the breach of contract

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

equitable remedies

A

sometimes the non-breaching party does not want money, all they want is what is fair.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

efficient breach

A

sometimes it makes sense to breach a contract

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

example of an efficient breach

A

walmart/target bracelet example

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

4 requirements for a valid contract

A

mutual assent / agreement
consideration / value
legality of objective
capacity

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

mutual assent / agreement

A

there must be a “meeting of the minds” by the parties to agree on the key aspects of the contract and make sure everyone is on the same point

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

consideration of value

A

each party of the contract must do or give something as a part of it

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

legality of the objective

A

every activity in the contract must be legal

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

capacity

A

you must be over 18 and competent

17
Q

express contracts

A

where it is clear from the parties’ words or writings that they have a contract

18
Q

implied contracts

A

where we infer from the parties’ conducts that they have a contract

19
Q

what is an example of an implied contract

A

ordering food from a waiter

20
Q

an inference is ____ and an implication is _____

A

an inference is received and an implication id given