ch 13-15 Flashcards
(159 cards)
what is a contract
Is an agreement between two or more parties who in a “meeting of the minds” have pledged to perform or refrain from performing some act.
Can be enforceable and unenforceable
what is a contract
Is an agreement between two or more parties who in a “meeting of the minds” have pledged to perform or refrain from performing some act.
Can be enforceable and unenforceable
What is a valid contract
one which meets the legal requirements
what is a void contract
is an agreement that does not meet the tests for validity and therefore is no contract at all
what is a voidable contract
is one which initially appears to be valid but is subject to cancellation by a party to the contract who is believed to have acted under some kind of disability
what is an express contract
is one in which all the terms and covenants of the agreement have been clearly stated and agreed to by all parties, whether verbally or in writing
what is an implied contract
is an unstated or unintentional agreement that may be considered to exist when the actions of any of the parties suggest the existence of an agreement
what is a bilateral contract
is one in which both parties promise to perform their respective parts of an agreement in exchange for performance by the other party
what is a unilateral contract
only one party promises to do something provided the other party does something. For example a reward for a lost pet
what is the longest a lease can be for before it has to be in writing to be enforceable
less than 2 years
what is a executory contract
where 1 or more parties have not yet performed their duties as stipulated in the contract document. EX an ongoing lease agreement
what is a merger clause
contract provision making previous promises null and void
what is rescission
resets parties to pre-contract status
what is rescission
resets parties to precontract status
what is a void contract
is an agreement that does not meet the tests for validity and therefore is no contract at all
what is a voidable contract
is one which initially appears to be valid but is subject to cancellation by a party to the contract who is believed to have acted under some kind of disability
what is an express contract
is one in which all the terms and covenants of the agreement have been clearly stated and agreed to by all parties, whether verbally or in writing
what is an implied contract
is an unstated or unintentional agreement that may be considered to exist when the actions of any of the parties suggest the existence of an agreement
what is a bilateral contract
is one in which both parties promise to perform their respective parts of an agreement in exchange for performance by the other party
what is a unilateral contract
only one party promises to do something provided the other party does something
what is the longest a lease can be for before it has to be in writing to be enforceable
less than 2 years
what is a executory contract
where 1 or more parties have not yet performed their duties as stipulated in the contract document. EX an ongoing lease agreement
what is a merger clause
contract provision making previous promises null and void
what is an assignment of contract
contract provision allows for the transfer of the contract to another party. Ideally, the assignor wants the assignee to step into his shoes and assume all of his contractual obligations and rights