Chapter 6 Flashcards

1
Q

The Statute of Frauds

A

states that all agreements affecting title to or interest in real estate be in writing and signed by the parties. An oral agreement of sale is void

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2
Q

bilateral contract

A

one in which both parties promise to perform their respective parts of an agreement in exchange for performance by the other party.

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3
Q

four ways to construe a contract

A

valid, valid but enforceable, void, voidable

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4
Q

contingencies

A

conditions that must be met in order for a contract to be performed

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5
Q

legal description

A

Therefore, a precise description of the location of the land is required so the parties know exactly what property is being transferred from seller to buyer.

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6
Q

express contract

A

all the terms and covenants of the agreement have been clearly stated and agreed to by all parties, whether verbally or in writing.

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7
Q

implied contract

A

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.

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8
Q

executory contract

A

one in which performance is yet to be completed.

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9
Q

Doctrine of Laches

A

a court has determined a contract is unenforceable due to needless delay or neglect in filing a claim even though the Statute of Limitations may not have expired

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