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Exam #2 - Chapter 13
Pretty much as I explained in the title
17
Accounting
Undergraduate 3
10/09/2012

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Term
Contract
Definition
promise or set of promises for the breach of which the law gives a remedy or the performance of which the law in some way recognizes a duty
Term
Covenant not to compete
Definition
restricts what an employee may do after leaving a company, of they often dictate where, when, and with whom an employee may work
Term
Elements of a contract
Definition
Agreement, Consideration, Contractual Capacity, Legal object
Term
Lack of genuine assent
Definition
Offeree agreed to the contract through improper means such as fraud, duress, influence, or misrepresentation
Term
Objective theory of contracts
Definition
contracts exist through both parties intent and we interpret contracts based on how a reasonable person would interpret it
Term
Bilateral contract
Definition
Promise in exchange for a promise
Term
Unilateral contract
Definition
Offeror wants the offeree to do something, not to promise to do something

i.e. promise to do somethingi.e. offering a reward if someone finds your dog
Once a performance is undertaken, the Offeror has to allow reasonable time for the offeree to complete it
Term
Express contract
Definition
Clearly set forth in either written or spoken word
Term
Implied contract
Definition
A contract in which the consideration arises from the conduct of the parties (informal)
Term
Quasi-contract
Definition
Benefit is conferred by the plaintiff upon the defendant
Term
Executed contract
Definition
once all the terms of the contract were fully performed
Term
Executory
Definition
some of the terms of the contract have not yet been performed
Term
4 types of formal contracts
Definition
contracts under seal, recognizances, letters of credit, negotiable instruments
Term
Recognizances
Definition
Acknowledgement in court that he or she will perform an act or pay a price
Term
Letters of credit
Definition
Agreement by issuer to pay another party a sum of money on receipt
Term
Negotiable instruments
Definition
unconditional written promises to pay the holder money on demand or at a certain time
Term
Plain-meaning rule
Definition
If writing appears to be plain and unambiguous on its face, we must determine its meaning from just “the four corners” of the document, without outside evidence
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