Ch18 Terminology Flashcards

(37 cards)

1
Q

Acceptance

A

Assents to the terms of the offer

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2
Q

Avoid

A

to annul, cancel, or make void. to get out a voidable contract; repudiate

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3
Q

Bargain

A

agreement

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4
Q

Bilateral Contract

A

a contract containing two promises, one made by each party

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5
Q

Capacity

A

legal competency

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6
Q

Click-wrap Agreement

A

an advertising contract online in which the offered enters into a contract by clicking on a dialog box on an internet website

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7
Q

Condition Precedent

A

an event that must first occur before an agreement or deed or will becomes effective

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8
Q

Contract

A

any agreement that is enforceable in a court of law

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9
Q

Contract Implied In Fact

A

a contract imposed by law to prevent unjust enrichment

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10
Q

Counteroffer

A

a response to an offer in which the terms of the original offer are changed

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11
Q

Disaffirm

A

to get out of a voidable contract; repudiate

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12
Q

E-contract

A

contracts entered into over the internet, including licenses to use software

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13
Q

Executed

A

carried out or performed

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14
Q

Executory

A

that which is yet to be executed or performed

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15
Q

Express Contract

A

a contract in which the terms are stated or expressed by the parties

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16
Q

Implied Contract

A

a contract in which the terms are not stated or expressed b the parties

17
Q

Infant

A

the legal name for a minor

18
Q

Invitation to Deal/Invitation to Negotiate

A

a request to an individual or to the public to make an offer.

19
Q

Majority

A

full age; adulthood

20
Q

Minor

A

a person under the age of majority; usually under 18

21
Q

Necessaries

A

food, clothing, shelter, and medical care that are needed by an infant, but not supplied by a parent or guardian

22
Q

Nullity

A

nothing; as though it had not occurred

23
Q

Offer

A

a proposal made by an offeror

24
Q

Offeree

A

one to whom an offer is made

25
Offeror
one who makes an offer
26
Quasi
as if; almost as it were
27
Quasi Contract
a contract imposed by law to prevent unjust enrichment.
28
Ratify
approve; confirm
29
Rejection
the refusal by an offeree of an offer
30
Restitution
restoration made to an injured person to his or her original position prior to a loss
31
Revocation
the act of revoking; the taking back of an offer by an offeror before it has been accepted
32
Unenforceable Contract
a contract that cannot be enforced for some legal reason
33
Unilateral Contract
a contract containing one promise in exchange for an act
34
Unjust Enrichment
the situation that occurs when one person retains money, property, or other benefit that in equity and justice belongs to another
35
Valid
good; having legal effect
36
Void
not good; having no legal effect
37
Voidable
capable of being disaffirmed or voided