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A legally enforceable agreement to do or not to do a specified thing |
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a person who makes a contractural promise |
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a person who makes a contractural promise |
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tangible, moveable, personal property |
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A code of laws created by national conference of commisions of uniform state laws governing conduct of business and other commercial matters. |
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a contract in which title of property passes from seller to buyer. Posessionally transfers at time of sale |
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In contracts the person who makes the offer |
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in contracts the person to whom an offer is made |
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An agreement that is stated in words spoken or written |
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a contractual agreement that is manifested by conduct or body language
*handshake |
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A contract that may not be true but still is an obligation imposed on a party to prevent unjust enrichment of another. |
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agreement that must use perscribed language to be in perscribed form
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all oral and written contracts not classified as formal contracts |
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agreement in which both parties exchange binding promises |
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an agreement in which the promser seeks performance of a requested act and the contract is formed so that the promiser is obligated to fullfill the promise. |
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An agreement that complies with all requests of the law for enforceability |
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whichout legal force or binding effect |
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an agreement that may be legally enforced or may be rejected by a party |
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a valid contract that for some reasoncannot be enforced |
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a contract that has been performed fully by both parties |
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a valid contract in which something remains to be done by either or both parties |
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parties who are legally qualified to make a binding contractual agreement |
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goods and services ordinarily required by and appropriate to an incompetent person's station in life, yet not availiable or not proved by parent/guardian. |
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objective theory of contracts |
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theory that word and conduct of offeror means whatever a reasonable person may think they mean. |
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a promise by one person to do or give consideration in exchange for sough for consideration through acceptace by another person. |
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affirmative response to the terms of an offer creating a contract |
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the taking back of an offer |
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an agreement concering the right to buy or sell something to another at a certain price within a certain time |
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when consent of both parties to be bound by a contract is not negated by fraud, duress,underinfluence,or undue mistakes. |
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any threat of or acual physical harm that deprives a person of the freedom of will to choose and decide |
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wrongful persuasion, often by a diduciary or other trusted individual that deprives the victom of freedom of will in making a contract. |
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a knowingly false representation of a material fact, or conduct with the intent to decieve |
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a situation in which one of the parties to a contract labors under som error about an important fact in the agreement |
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the price or inducement(reciprocal promices to enter a contract) |
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A suffiecient interest in property such that its loss or desstruction would cause an economic loss to the owner |
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Statutes that regulate or prohibit commercial activities and amusements on Sundays |
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The price, usually expressed as an annualized rate, for use of a sum of money (principal) obtained from a lender |
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Crime of persuading another person to commit perjury |
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Efforts by individuals and representatives of special-interest groups to persaude legislators to enact, amend, or rescind specified laws |
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Promise not to engage in competition; Generally illegal. Exception is in anticipation of dissolution of partnership and new employees |
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hold harmless agreement or exulpatory clause |
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A hold harmless agreement releases one party to the agreement from liability |
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a contract drafed by a dominant party and then presented to hte other party on a take or leave basis |
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A state statute requiring certain types of contracts to be evidenced by writing aid to be signed by the party to be charged |
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Anything that may be owned |
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Lend and the things permanently attached to it. includes air space above, surface water, and subsurface waters, gases, minerals, etc |
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Property that has physical evidence and can be touched |
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Property recognized by law even though it has no physical existence |
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uniform electronic transaction act |
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A uniform state act providing a legal framework for electronic transactions giving electronic signatures and records some validity |
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Applies to a direct contractual relationship between parties for example, with a consumer-buyer dealing w/ retail seller |
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A third-party who receives the benefit of a contract between two other persons |
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The transfer of or all rights under a contract to another person |
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Transfer of some or all contractual duties |
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That which each party to a contract promises to do |
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- When a party to a contract honestly performs most essentials of the contract, but there is some minor omission or deviation that can be corrected, compensated, for in a reduction of the price.
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A party agrees to accept some substitute for the promised performance of a contract, which is then provided and released |
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A three-party agreement in which a creditor accepts a new party who agrees to assume the debt the prior debtor |
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Failure without legal excuse to perform a promise made in a legally binding agreement |
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The unmaking of a contract by the mutual agreement of the parties |
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In breach of contract, amount is equivalent to actual dollar loss sufferend because defendant did not perform as promised |
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Amount of damages that contracting parties have previously agreed would be fair payent in case of breach. This ammound twill be unacceptable by a court if it is so large as to constitute a penalty. |
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