Test 7 Flashcards

1
Q
  1. What are the two parties to a contract called? ____________________________
A

offeror offeree

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2
Q
  1. A contract is a ____________________________________________________.
A

legally enforceable agreement

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3
Q
  1. UCC stands for ___________________________________________________.
A

Uniform Commercial Code

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4
Q
  1. All contracts must have four elements: _______________________________
A

Agreement, Consideration, Capacity, lawful object

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5
Q
  1. A failure to preform under a contract is a __________________________.
A

a breach of contract

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6
Q
  1. Consideration is a _____________________________________________________.
A

Bargained-for exchange

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7
Q
  1. Why aren’t gratuitous promises enforceable? ________________________________.
A

they lack consideration

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8
Q
  1. What is one way in which an offer is terminated? ______________________________.
A

offeree makes counter offer

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9
Q
  1. The 3 kinds of contracts covered by the statute of frauds are: _______________________ _____________________________, and ___________________________________.
A

Purchase of land, Purchase of goods $500 or more, Contracts that can not be completed in 1 year

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10
Q
  1. What is required if the contract is covered by the statute of frauds? __________________ ________________________________________________________________________
A

Contract must be in writing

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11
Q
  1. A contract, the terms of which are either written or oral, is called an _______________________________.
A

express

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12
Q
  1. A ____________________________ occurs when a spouse who owns a home as separate property dies, leaving behind another spouse who wants to continue to live in the house.
A

life estate

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13
Q
  1. In Texas, what adjective precedes the word “Executor” in a will? __________________________________.
A

Independent

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14
Q
  1. What does that mean? ______________________________________________________
A

Free from oversight from the court

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15
Q
  1. What kind of trust is created if there is a minor child who cannot inherit money until the age of 18? ______________________________________________
A

contingent

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16
Q
  1. What is the last page that’s attached to a will called? _______________________________________________
A

self proving affidavit

17
Q
  1. MPOA stands for _____________________________________________________.
A

Medical Power of Attorney

18
Q
  1. To give someone the power to make financial decisions for you, you execute a ________________________________________________________________.
A

durable power of attorney

19
Q
  1. In Texas, ___ witnesses must sign the will and they must be at least _____ years of age.
A

2 14

20
Q
  1. What is an “in terrorem” clause? ______________________________
A

a no contest clause

21
Q
  1. A provision in a will that indicates that a beneficiary cannot grant his interest in a future inheritance to a creditor is called a ______________________________________.
A

spendthrift provision

22
Q
  1. If a person dies without a will, that person is said to have died ____________________.
A

intestate