Key words

Question 1

Assignation

Answer 1

The legal transfer of a right from one party (cedent) to another (assignee).

Question 2

Breach of Contract

Answer 2

Failure by a party to fulfill their obligations under a contract.

Question 3

Consensus in Idem

Answer 3

Meeting of the minds; mutual agreement on the essential terms of a contract.

Question 4

Counter-Offer

Answer 4

A response to an offer that introduces new or altered terms

Question 5

Declarator

Answer 5

A court order declaring the legal position on a particular matter.

Question 6

Delectus Personae

Answer 6

Choice of person; the principle that some obligations are so personal that they cannot be assigned without the debtor’s consent.

Question 7

Diligence

Answer 7

Legal procedures for enforcing court decrees

Question 8

Dominus Negotii

Answer 8

The person whose affairs are managed by a negotiorum gestor.

Question 9

Force and Fear

Answer 9

Coercion or duress that vitiates consent to a contract.

Question 10

Frustration

Answer 10

The termination of a contract due to an unforeseen event that makes performance impossible or radically different.

Question 11

Gestor

Answer 11

The person who intervenes in another’s affairs without prior consent in negotiorum gestio.

Question 12

Implied Term

Answer 12

A term that is not expressly stated in a contract but is nevertheless considered part of it by law

Question 13

Innocent Party (IP)

Answer 13

The party to a contract who has not committed a breach.

Question 14

Interdict

Answer 14

A court order prohibiting a specific action.

Question 15

Invitation to Treat (ITT)

Answer 15

An indication of willingness to negotiate a contract

Question 16

Jus Quaesitum Tertio

Answer 16

A right conferred on a third party by a contract to which they are not a party.

Question 17

Legal Tender

Answer 17

Currency that a creditor is legally obliged to accept in payment of a debt.

Question 18

Lien

Answer 18

A right to retain possession of another’s property until a debt is paid or an obligation is fulfilled.

Question 19

Material Breach

Answer 19

A significant breach of contract that goes to the root of the agreement.

Question 20

Mutuality

Answer 20

The principle that obligations in a contract are often interdependent.

Question 21

Negotiorum Gestio

Answer 21

The management of another’s affairs without their prior consent

Question 22

Novation

Answer 22

The replacement of an existing contract with a new one

Question 23

Obligee

Answer 23

The party to whom an obligation is owed.

Question 24

Obligor

Answer 24

The party who is bound to perform an obligation.

Question 25

Offer

Answer 25

A clear statement of terms with the intention to be legally bound upon acceptance.

Question 26

Pacta Sunt Servanda

Answer 26

Agreements must be kept (a fundamental principle of contract law).

Question 27

Patrimony

Answer 27

The whole of a person's assets and liabilities.

Question 28

Privity of Contract

Answer 28

The principle that only parties to a contract can enforce its terms or be bound by them (subject to exceptions like jus quaesitum tertio).

Question 29

Reduction

Answer 29

A legal action to have a voidable contract set aside by the court.

Question 30

Rescission

Answer 30

The termination of a contract

Question 31

Restitutio in Integrum

Answer 31

Restoration to the original position before a contract was entered into.

Question 32

Retention

Answer 32

The right of an innocent party to withhold their own performance due to the other party's breach of a related obligation.

Question 33

Self-Help Remedy

Answer 33

An action that an innocent party can take in response to a breach of contract without going to court.

Question 34

Specific Implement

Answer 34

A court order compelling a party to perform their contractual obligations.

Question 35

Unjustified Enrichment

Answer 35

A principle that prevents one party from being unfairly enriched at the expense of another without legal justification.

Question 36

Void Contract (Null)

Answer 36

A contract that is treated as if it never existed and has no legal effect.

Question 37

Voidable Contract (Annulable)

Answer 37

A contract that is valid and binding until one of the parties takes steps to annul it.

Question 38

Anticipatory breach

Answer 38

One party indicates through words or conduct their unwillingness or inability to perform their obligations before the performance is due.