Business Law Flashcards
Express Authority
Authority that is stated in spoken or written words by the principal
Implied authority
The authority that is commonly and customarily needed to conduct the purpose of the agency
Apparent authroity
Comes from the words or actions of the principal that lead a third party to reasonably believe and act upon the belief that actual authority exists
Renunciation
Takes place when the agent acting alone withdrawals from the agency relationship
Quasi contract
Implied in law. One party is unjustly enriched at the expense of the other party such that the court will impose an obligation on the enriched party to pay the other party
Elements of a contract
Agreement, consideration, legal purpose, and competent parties
Fraud in the inducement
is a false representation of a material fact intentionally made, justifiably relied upon, and resulting in injury
Fraud in the exectution
Results from the substitution of one document for another
Duress
Is a wrongful act that compels contractual agreement through fee
Undue influence
is unlawful control exercised by the dominant party, which is a substitute for the free will of the dependent party
Parol evidence rule
oral or written evidence about the agreement that is not included in the final written agreement