Shared Flashcard Set

Details

BSL212
types of k's
8
Business
Undergraduate 1
12/06/2010

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Cards

Term
4 requirements of a contract:
Definition

  1. Mutual assent
  2. consideration
  3. legality of object
  4. capacity

Term
4 types of k's:
Definition

  1. Express
  2. Implied
  3. Quasi
  4. Promissory Estoppel

Term
Express K's:
Definition
All details are written and spelled out; therefore it is very hard to litigate.
Term
Implied K's:
Definition

-equally enforceable as express k's

-actions qualify as a k, rather than words and writing.

-uses objective standard: what is reasonable under the circumstances.

Term
4 classifications of contracts; are not mutually exclusive:
Definition

1. Express or Implied

2. Bilateral or unilateral

3. void, voidable, or unenforceable

4. executed or executory k's

 

Term
Bilateral K:
Definition
promise for a promise
Term
Unjust enrichment = ________ contract; rules:
Definition
Quasi Contract; legal test: could you have prevented it? If yes, you must pay the fair market value of whatever was performed, if no, sweet deal for you (mistake).
Term
promissory estoppel:
Definition
a offers b something.  b does something in reliance on a's promise.  a wants to revoke promise.  if a's revocation makes b suffer loss, a is estopped from revocation, so the promise is enforceable.
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