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chp 14
business law chp 14 vocab
13
Accounting
Undergraduate 3
02/07/2015

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Cards

Term
agreement is composed of
Definition
an offer and an acceptance
Term
elements of an offer (3) under common law
Definition
1) serious intent by offeror to be bound to an agreement; 2)reasonably definite terms; 3) communication to the offeree
Term
intent
Definition
commitment to being bound by the offeree's acceptance
Term
in determining intent to enter a contract, the court looks at _.
Definition
the person's objective manifestation of intent, not what the person was thinking
Term
auction- with reserve
Definition
the seller is expressing intent to receive offers; the auctioneer may withdraw the item from auction at any time
Term
auction- without reserve
Definition
the seller is treated as making an offer to accept the highest bid and therefore must accept it
Term
definite and certain
Definition
all the terms of the offer must be included in the contract
Term
material terms
Definition
allow the court to determine damages in the event that on of the parties breaches the contract
Term
ways to terminate the contract
Definition
1) revocation by the offeror; 2) rejection or counteroffer by offeree; 3)death or incapacity of the offeror; 4) destruction or subsequent illegality of the subject matter of the offer; 5) lapse of time (offer expires)
Term
option contract
Definition
the offeree gives the offeror a piece of consideration in exchange for holding the offer open for the specified period of time
Term
mirror-image rule
Definition
the terms of the acceptance must mirror the terms of the offer
Term
does silence generally constitute acceptance?
Definition
NO
Term
the mailbox rule
Definition
acceptance by mail is effective when placed in mailbox; however, revocation of the offer effective only when received by the offeree
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