Contract Law AI Flashcards

1
Q

What is the definition of a contract under UK law?

A

A contract is a legally binding agreement between two or more parties.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What are the essential elements required to form a valid contract?

A

Offer, acceptance, consideration, intention to create legal relations, and capacity.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

True or False: A verbal agreement can constitute a legally binding contract.

A

True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is consideration in contract law?

A

Consideration is something of value exchanged between the parties, which is essential for a contract to be valid.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Fill in the blank: The parties to a contract must have the _____ to enter into the agreement.

A

capacity

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is the ‘intention to create legal relations’?

A

It is the intention of the parties to be legally bound by their agreement.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is the difference between a unilateral and a bilateral contract?

A

A unilateral contract involves one party making a promise in exchange for an act, while a bilateral contract involves mutual promises between two parties.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

True or False: All contracts must be in writing to be enforceable.

A

False

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is an offer in the context of contract law?

A

An offer is a clear proposal made by one party to another, indicating a willingness to enter into a contract.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is acceptance in contract law?

A

Acceptance is the unqualified agreement to the terms of the offer.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

List one type of contract that must be in writing to be enforceable.

A

Contracts for the sale of land.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is meant by ‘capacity’ in contract law?

A

Capacity refers to the legal ability of a person to enter into a contract.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

True or False: Minors can enter into contracts that are enforceable.

A

True, but they can void most contracts.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is a void contract?

A

A void contract is not legally enforceable and has no legal effect.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is a voidable contract?

A

A voidable contract is valid until one party chooses to void it.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is misrepresentation in contract law?

A

Misrepresentation is a false statement of fact that induces a party to enter into a contract.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What are the three types of misrepresentation?

A

Fraudulent, negligent, and innocent.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

True or False: A contract can be discharged by performance.

A

True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What does ‘discharge by breach’ mean?

A

Discharge by breach occurs when one party fails to perform their contractual obligations.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What is ‘specific performance’ as a remedy in contract law?

A

Specific performance is a court order requiring a party to fulfill their contractual obligations.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What is liquidated damages?

A

Liquidated damages are pre-determined amounts specified in a contract that are payable upon breach.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What is a condition precedent in a contract?

A

A condition precedent is an event that must occur before a party is obligated to perform.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What is a warranty in contract law?

A

A warranty is a minor term of a contract, the breach of which may result in a claim for damages but not termination.

24
Q

Fill in the blank: Contracts made under _____ or undue influence can be voided.

25
What is the 'parol evidence rule'?
The parol evidence rule prevents parties from presenting extrinsic evidence that contradicts written terms of a contract.
26
What is the difference between express and implied terms in a contract?
Express terms are explicitly stated, while implied terms are not written but are assumed to exist based on the nature of the agreement or law.
27
True or False: A party can assign their contractual rights without consent.
False, consent may be required depending on the contract terms.
28
What is the doctrine of frustration in contract law?
Frustration occurs when an unforeseen event makes the performance of the contract impossible.
29
What is an indemnity clause?
An indemnity clause is a provision in a contract that requires one party to compensate another for certain damages or losses.
30
What does 'quantum meruit' mean?
Quantum meruit means 'as much as he has deserved' and refers to a claim for payment based on the value of work performed.
31
Fill in the blank: A contract that is illegal is _____ and unenforceable.
void
32
What is a pre-contractual statement?
A pre-contractual statement is a representation made before a contract is formed, which may or may not be binding.
33
True or False: The Unfair Contract Terms Act 1977 protects consumers from unfair terms in contracts.
True
34
What is a 'standard form contract'?
A standard form contract is a pre-prepared contract where most terms are set in advance and not negotiated.
35
What is the significance of the case 'Carlill v Carbolic Smoke Ball Co'?
It established the principles of unilateral contracts and the requirement for acceptance.
36
What does 'capacity to contract' refer to?
The legal ability of parties to enter into a contract, often restricted for minors or individuals lacking mental capacity.
37
What is an 'offer'?
A proposal made by one party to another indicating a willingness to enter into a contract.
38
What is 'acceptance'?
The unqualified agreement to the terms of an offer.
39
What is 'consideration'?
Something of value exchanged between parties in a contract.
40
What are 'exempt terms' in contracts?
Terms that limit or exclude liability for certain breaches, often scrutinized under the Unfair Contract Terms Act.
41
True or False: An invitation to treat is an offer.
False
42
What is an 'invitation to treat'?
An indication that a party is willing to negotiate the terms of a contract, not an offer.
43
What is 'duress' in contract law?
Coercion or threats used to force someone into a contract.
44
What is 'undue influence'?
A situation where one party exerts excessive pressure on another to enter into a contract.
45
What is a 'contractual term'?
A provision that forms part of a contract and defines the rights and obligations of the parties.
46
What is the 'reasonable person' standard in contract law?
A standard used to determine how a typical person would interpret a contract or behave in a given situation.
47
What is 'reliance damages'?
Damages awarded to a party for costs incurred in reliance on a contract that was not fulfilled.
48
What is a 'term implied by statute'?
A term that is automatically included in a contract due to legislation, regardless of the parties' intentions.
49
Fill in the blank: A party may be liable for _____ if they fail to perform their contractual duties.
breach of contract
50
What is 'promissory estoppel'?
A legal doctrine that prevents a party from going back on a promise even if a legal contract does not exist.
51
What is 'novation' in contract law?
The act of replacing one of the parties in a contract, with the consent of all parties involved.
52
What does 'ratification' mean in contract law?
The act of confirming or validating a previously unauthorized contract.
53
True or False: An oral contract is always unenforceable.
False
54
What is the role of the 'court' in contract disputes?
To interpret the terms of the contract and determine if a breach has occurred.
55
What is an 'exclusion clause'?
A clause that limits or excludes liability for certain breaches of contract.
56
What is 'specific performance'?
A legal remedy that compels a party to fulfill their contractual obligations.
57
What is the legal term for 'a breach of contract'?
Non-performance of the contractual obligations.