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business law final
business law final
26
Business
Undergraduate 2
05/03/2012

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Cards

Term
liquidated damage clause
Definition
presets the amount of damages that can be recovered by a non breaching party
Term
mitigation of damages
Definition
to lessen damages
non breaching parties legal duty
Term
true or false contract law uses common law
Definition
true
Term
implied contract
Definition
found based upon 2 individuals conduct
Term
bilateral contract
Definition
promise for a promise
Term
unilateral contract
Definition
promise for an act
Term
four requirements for an enforcable contract
Definition
`1. mutual assent
2. consideration
3. legality
4. capacity
Term
contracts that have to be in writing
Definition
real estate, real property, guarentee preformance of another, contracts that cant be preformed within the year, conversion of goods 500 or more
Term
mutual assent
Definition
offer and acceptance
Term
voidable
Definition
could be void if one party decides it
Term
consideration
Definition
a bargain for exchange of something of value
Term
fraud in the inducement
Definition
false representation of the material fact made with knowledge of it being false with the intent to deceive someone
Term
duress (physical) causes a contract to be _
Definition
void
Term
what monetary damages will a broken contract produce
Definition
money damages that were incidental and consequential as a result of the breach of contract
Term
wen u sue someone for breaking a contract, you are sueing ____
Definition
1. to be put in the same position you would be in if the contract was fulfilled

2. Position before you entered the contract

3. Somewhere in the middle
Term
mere possibility test
Definition
determines whether a contract can be within a years time
Term
void
Definition
never entered into the contract
Term
capacity
Definition
must have necessary intent
Term
promisory estople
Definition
you make a promise and someone justifiably relies on that promise/ suffers loss
Term
duress (improper threats) causes a contract to be
Definition
voidable
Term
quasi contract
Definition
unjust enrichment prevention
Term
exculpatory clause
Definition
a party in a contract attempts to limit their liability if they are negligent (laundromat example)
Term
if a court determines that someone is incompetent and the court assigns them a guardian, but the incompetent person enters into a contract it is ______
Definition
void
Term
when a minor enters into a contract and the subject matter is deemed to be neccesity it is _____
Definition
voidable (not by the minor)
Term
when a minor enters into a contract it is _____
Definition
void
Term
equitable relief
Definition
injunction (prevent an act)
specific preformance (order to preform an act)
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