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Business Law Ch 12
Twomey
20
Law
Undergraduate 2
11/10/2010

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Cards

Term
Quasi contracts
Definition
Are not true contracts but obligations imposed by law
Term
Contract
Definition
An agreement creating an obligation
Term
Elements of a contract
Definition
1) An agreement
2) Between Competent Parties
3) Based on the genuine assent of the parties that is
4) Supported by consideration
5) Made for a lawful objective
6) required in for form of law
Term
Privity of Contract
Definition
The specific parties of a contract enter this
Term
T/F

Parties of a contract can be individuals, liability companies, corportations, or governments
Definition
True
Term
T/F

Parties of a contract must have intent to enter into an agreement that is binding
Definition
True
Term
T/F

The law requires parties to be fair, kind, or reasonable, or to share gains and losses equitably
Definition
False, they do not need to be fair
Term
Formal Contracts
Definition
Are enforceable because the formality is considered sufficient that the parties intended to be bound
Term
Qualities of formal contract
Definition
Contracts under seal where the signature is followed by (seal or LS)
and
occurred before a court of record
and
negotiable instruments
Term
Informal Contracts
Definition
All contracts that aren't formal. They are still enforceable because they represent the agreement of both parties
Term
Express Contracts
Definition
Terms of the agreement are manifested by their words
Term
Implied Contracts
Definition
When agreement is shown not by words but by the actions acts and conducts of the parties
Term
Valid Contract
Definition
Agreement that is binding and enforceable
Term
Void Agreement
Definition
without legal effect, usually because the acts stipulated are illegal
Term
Executed Contract
Definition
Has been completed, there is nothing left to do
Term
Executory Contract
Definition
Something remains to be done by a party
Term
Bilateral Contract
Definition
Both parties agree to execute something
Term
Unilateral contract
Definition
When a party promises to perform an act only when someone else does something
(100 reward for finding dog)
Term
Option Contract
Definition
When one party has the option to exercise the contract, while the other must do it if one demands it
(can buy a house if you make offer)
Term
Unjust Enrichment
Definition
Requires
1) A benefit conferred on the defendant
2) The defendants knowledge of the benefit
3) Finding it would be unjust for the defendant to retain the benefit without payment

The burden of proof is on the plaintiff to prove the elements of this claim
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