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Business Law Chapter 12-16
N/A
36
Business
Undergraduate 2
11/09/2011

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Term
Consideration
Definition
there must be bargaining that leads to an exchange between parties
Term
Promisor
Definition
the person who makes the promise
Term
Promisee
Definition
the person to whom a promise is made
Term
Illusory promise
Definition
not really a promise, not consideration
Term
Requirements Contract
Definition
the buyer agrees to purchase 100% of the goods from the seller
Term
Output contract
Definition
the seller guarantees to sell 100% of its output to one buyer and the buyer agrees to accept the entire quantity
Term
Rescind
Definition
To cancel
Term
Liquidated debt
Definition
there is no dispute about the money owed
Term
Unliquidated Debt
Definition
Disputed because parties disagree over existence or amount
Term
Accord and Satisfaction
Definition
a completed agreement to settle a debt for less than the sum claimed
Term
Usury laws
Definition
prohibit charging excess interest on loans
Term
Restraint of Trade
Definition
to be valid, an agreement not to compete must be ancillary to a legitimate bargain
Term
Exculpatory clause
Definition
a contract provision that attempts to release one party from liability in the event the other is injured
Term
Bailment
Definition
giving possession and control personal property to another person
Term
Bailor
Definition
creates a bailment by delivering goods to another
Term
Bailee
Definition
a person who rightfully posses goods belonging to another
Term
Oppression
Definition
one party uses its superior power to force a contract on the weaker party
Term
Unconscionable Contract
Definition
a contract a court refuses to enforce because of fundamental unfairness
Term
Adhesion Contracts
Definition
standard form contracts prepared by one party and presented to the other on a "take it or leave it" basis
Term
disaffirm
Definition
to give notice of refusal to be bound by an agreement
Term
restitution
Definition
restoring an injured party to its original position
Term
misrepresentation
Definition
a factually incorrect statement made during contract negotiations
Term
bilateral mistake
Definition
occurs when both parties negotiate based on the same factual error
Term
unilateral mistake
Definition
occurs when only one party enters a contract under a mistake assumption
Term
duress
Definition
an improper threat made to force another party to enter into a contract
Term
undue influence
Definition
the injured party must have a relationship with each other of trust or dominance and improper persuasion by the stronger party must occur
Term
agreements that must be in writing
Definition
interent in land. cannot be performed within a year. to pay the debt of another. executor of estate. in consideration of marriage. sale of goods worth $500 or more
Term
promissory estoppel
Definition
if a promisor makes an oral promise that should reasonably cause the promisee to rely on it, the promisee may be able to enforce the promise
Term
integrated contract
Definition
a writing that the parties intend as final, complete expression of their agreement
Term
intended beneficiary
Definition
someone who may enforce a contract made between two other parties
Term
incidental beneficiary
Definition
someone who might have benefited from a contract between two others but has no right to enforce that agreement
Term
assignment
Definition
transferring contract rights
Term
delegation
Definition
transferring duties
Term
gratuitous assignment
Definition
one made as a gift for no consideration
Term
security interest
Definition
a legal right in personal property that assures payment
Term
novation
Definition
a three way agreement in which the obligor transfers all rights and duties to the third party
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