Term
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Definition
| Latin term meaning "from the beginning." |
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Term
| Acceptance (of offer). (Con) |
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Definition
| Unequivocal assent to the terms of an offer. |
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Term
| Acceptance (of offer)-Checklist of issues (Con) |
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Definition
| •Is the offer for a unilateral or bilateral contract? •If an offer for a unilateral contract, has the offeree given the requested return performance with knowledge of the offer and an intent to accept? •If an offer for a bilateral contract, did the offeree give a return promise? Was it an unqualified assent to the terms of the offer? When did it become effective? |
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Term
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Definition
| Such authority as a principal intentionally confers on an agent, or negligently allows the agent to believe (s)he possesses. |
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Term
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Definition
| The relationship between a principal and an agent. |
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Term
| Agency, termination. (Agcy) |
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Definition
| An agency is terminated by •achievement of agency purpose, •agreement, •will of either party, •lapse of time or a specific event, •revocation, •renunciation, •death or insanity, •impossibility, •bankruptcy, •war. |
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Term
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Definition
| One who is authorized to act on behalf of another (called a principal) in dealings with third persons. |
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Term
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Definition
| An agent whose authority is conferred by an act of the principal who, intentionally or negligently, causes a third person to believe the agent has authority to act for the principal, even though the principal has not given the agent such authority. |
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Term
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Definition
| An agent whose authority to act is limited to a particular transaction or to a series of transactions dealing with a specific subject. |
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Term
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Definition
| A meeting of minds. Mutual assent. |
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Term
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Definition
| Word or phrase susceptible to more than one interpretation. |
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Term
| Anticipatory breach. (Con) |
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Definition
| Unequivocal repudiation of a contractual obligation prior to the time for performance. |
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Term
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Definition
| Causing another to have a reasonable apprehension of an unconsented to or offensive touching. |
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Term
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Definition
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Term
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Definition
| All rights under a contract are assignable unless assignment is prohibited by law or contract or the right is too personal. |
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Term
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Definition
| Party that receives an assignment. |
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Term
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Definition
| The present transfer of a contractual right. |
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Term
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Definition
| Party that makes an assignment. |
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Term
| Authority, actual. (Agcy) |
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Definition
| Such authority as a principal intentionally confers on an agent, or negligently causes or allows an agent to believe (s)he possesses. |
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Term
| Authority, apparent (Agcy) |
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Definition
| Such authority as a principal, intentionally or negligently, causes a third person to believe the agent has to act for the principal, even though the principal has not given the agent such authority. |
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Term
| Authority, express. (Agcy) |
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Definition
| Another term for "actual authority". |
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Term
| Authority, implied. (Agcy) |
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Definition
| Authority implied by law as being conferred on an agent by custom, by the agent's position, or that authority which is reasonably necessary to carry out the agent's actual authority. |
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Term
| Authority, incidental. (Agcy) |
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Definition
| Another term for "implied authority". |
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Term
| Authority, ostensible. (Agcy) |
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Definition
| Another term for "apparent authority". |
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Term
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Definition
| Party who receives the deposit of personal property from another. |
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Term
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Definition
| Legal relationship that arises when one party deposits or entrusts personal property with another. |
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Term
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Definition
| Party who deposits personal property with another |
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Term
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Definition
| Manifestation of an intent to be bound to a contract contingent on receiving a specified thing in exchange. |
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Term
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Definition
| An unconsented to or offensive touching. |
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Term
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Definition
| One who benefits from the act of another. (See also, Third Party Beneficiary, Creditor Beneficiary, Donee Beneficiary and Incidental Beneficiary.) |
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Term
| Bilateral contract. (Con) |
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Definition
| A proposed transaction is a bilateral contract if the offeror intends the offeree will accept by giving a return promise to perform. |
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Term
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Definition
| The failure to perform a contractual promise or obligation without a legal excuse. |
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Term
| Breach of contract - Checklist of issues.(Con) |
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Definition
| •Has the defendant failed to perform a promise, presently or prospectively? •If a prospective failure, has there been an anticipatory breach? •Does the defendant have a legal excuse for non-performance? |
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Term
| Breach of contract - Immaterial beach.(Con) |
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Definition
| The failure to perform a minor promise is an immaterial breach. The injured plaintiff may sue for damages, but the contract remains in effect and both parties must continue to perform the balance of their obligations under the agreement. |
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Term
| Breach of contract - Legal excuses. (Con) |
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Definition
| •Failure of condition. •Discharge of the obligation. |
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Term
| Breach of contact - Material breach (Con) |
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Definition
| The failure to perform a material promise is a material breach. The injured plaintiff may sue for damages and is justified in treating the contract as ended. The injured party is under no further duty to perform under the agreement. |
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Term
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Definition
| Form of joint ownership of property by married persons in California which applies to all property acquired during the term of the marriage, except property acquired by gift, inheritance or as the rents and profits from existing separate property. |
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Term
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Definition
| A qualification in a contract that affects the time when a party becomes obligated to perform or which limits responsibility for nonperformance. |
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Term
| Condition concurrent. (Con) |
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Definition
| An event that must be performed at the same time the other party is required to perform a specific event. Conditions concurrent must be performed simultaneously. |
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Term
| Condition precedent. (Con) |
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Definition
| An event that must occur before a party becomes obligated to perform his/her duty(ies). |
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Term
| Capacity/Competency to contract. (Con) |
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Definition
| A person who, by reason of immaturity or mental disability or incapacity, is unable to understand the nature of a transaction lacks the capacity or competency to enter into a contract. |
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Term
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Definition
| A set of facts for which an injured party has a legally recognized right to seek a remedy or compensation in the courts. |
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Term
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Definition
| An item of tangible personal property. |
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Term
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Definition
| A judicial proceeding most commonly between private persons or entitles brought to resolve a dispute or obtain redress regarding the alleged violation of a private duty. A noncriminal case. |
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Term
| Condition subsequent (Con) |
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Definition
| An event which has the effect of terminating a party's obligation to perform a duty after it has arisen. |
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Term
| Consideration - Checklist of issues. (Con) |
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Definition
| •Has the promisor bargained for and received something in exchange for his promise? •Is that which is given legally sufficient consideration? •If there is no legally sufficient consideration, can the promise be supported by a substitute? |
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Term
| Consideration - Definition. (Con) |
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Definition
| That which is bargained for and given in exchange for a promise in a contract. |
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Term
| Consideration - What constitutes, (Con) |
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Definition
| An act, a forbearance to act, or a return promise. |
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Term
| Contract - Elements. (Con) |
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Definition
| •Mutual assent •Supported by consideration •For a lawful object • Between competent parties •In proper form (if any is required). |
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Term
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Definition
| The wrongful taking, possession or disposition of the personal property of another as if it were one’s own. |
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Term
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Definition
| Manifestation by an offeree of an intent to deal on different terms than proposed by the offeror. |
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Term
| Creditor beneficiary (Con) |
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Definition
| Someone to whom the parties to a contract intended the benefits of the contract would be delivered as a way of discharging a legal duty or debt of one party. |
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Term
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Definition
| A public wrong or act in violation of a duty owed to the community for the breach of which the people have stated the offender shall make satisfaction to the public. |
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Term
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Definition
| General term applied to monetary compensation for an injury or loss. |
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Term
| Defenses - Breach of contract. (Con) |
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Definition
| •Failure of condition •Discharge of contract obligations. |
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Term
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Definition
| All duties under a contract are delegable unless delegation is prohibited by law or contract or the duty is too personal. |
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Term
| Delegation of duties (Con) |
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Definition
| Conferring on a third person the power to perform on behalf of the obligor. |
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Term
| Delegation of duties - Checklist of issues. (Con) |
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Definition
| •Is the right delegable? •Has the duty been delegated? •What is the legal effect? •Has the duty been assumed? |
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Term
| Damages, Compensatory. (Gen) |
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Definition
| Monetary compensation equal to the actual value of injuries or losses sustained. |
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Term
| Damages, Consequential. (Con) |
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Definition
| Monetary award to compensate an injured party for injuries and losses sustained as a consequence of, but not a direct result of, a defendant's wrongful conduct. |
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Term
| Damages, Exemplary or punitive. (Gen) |
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Definition
| Damages awarded as an example or penalty for malicious, oppressive or fraudulent conduct. Not a remedy available in breach of contract cases. |
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Term
| Damages, Liquidated. (Con) |
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Definition
| An amount the parties agree in advance will be paid as damages if the contract is breached. |
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Term
| Damages, Mitigation of, (Gen) |
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Definition
| Rule requiring a party to take steps to minimize the losses and damages that will be sustained as a result of a defendant's wrongful conduct. |
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Term
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Definition
| Small, symbolic monetary award where a defendant's conduct is technically wrongful, but no actual damage (financial loss) has been sustained. |
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Term
| Discharge of contract obligations-Methods (Con) |
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Definition
| •Performance •Rescission •Release •Novation •Accord and Satisfaction •Impossibility of performance •Frustration of purpose •Bankruptcy •Statute of limitations |
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Term
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Definition
| The intent to make or a gift without receiving consideration in return. |
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Term
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Definition
| Someone to whom the parties to a contract intend the benefits of the contract would be rendered as a gift. |
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Term
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Definition
| The use of physical force or the threat of immediate bodily harm to gain assent. |
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Term
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Definition
| A person who performs services for another where the other party has the right to control the timing, manner, method and mode of the performance of the services. |
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Term
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Definition
| A person for whom an individual performs services as an employee. |
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Term
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Definition
| Barred, prevented or precluded. |
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Term
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Definition
| Doctrine that prevents a party from denying the binding effect of his/her acts where another party has been induced to rely on such acts to their detriment. |
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Term
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Definition
| A contract that has been fully performed by all parties. |
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Term
| Executory contract. (Con) |
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Definition
| A contract that has not yet been fully performed. |
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Term
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Definition
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Term
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Definition
| Everyone must exercise reasonable care in the conduct of his/her private activities to avoid causing foreseeable injury to others. |
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Term
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Definition
| A transfer of property made without consideration. |
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Term
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Definition
| •Intent •Delivery •Acceptance |
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Term
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Definition
| Gift in contemplation of death. Death bed only. Need to be carfully documented |
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Term
| Gift causa mortis - Elements (PP) |
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Definition
| •Intent prompted by fear of immediate death. •Delivery. • Revocability. |
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Term
| Express authority. (Agcy) |
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Definition
| Another term for "actual authority". |
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Term
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Definition
| One who safeguards the property, or acts in matters of trust and confidence on behalf, of another. |
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Term
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Definition
| A higher standard of conduct and accountability imposed by law on one acting in a fiduciary capacity. |
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Term
| Forbear/Forbearance. (Gen) |
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Definition
| To refrain from exercising a legal right. |
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Term
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Definition
| Intentional •misrepresentation or suppression of a •material fact with the •intent to induce action which is •justifiably relied on •to the damage of the plaintiff. |
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Term
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Definition
| Characteristic of items of personal property where each unit has the same economic value of each similar unit. |
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Term
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Definition
| Items of personal property having physical weight and mass that are the subject of commercial, personal or consumer contracts or transactions. |
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Term
| Gratuitous promise. (Con) |
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Definition
| A promise made without legal consideration. |
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Term
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Definition
| The failure to perform a minor promise in a contract is an immaterial breach. The injured plaintiff may sue for damages, but the contract remains in effect and both parties must continue to perform the balance of their obligations under the agreement. |
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Term
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Definition
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Term
| Incapacity/Incompetency. (Con) |
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Definition
| (See Capacity/competency to Contract.) |
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Term
| Incidental beneficiary (Con) |
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Definition
| Someone who incidentally and unintentionally benefits from a contract made and performed by others. |
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Term
| Independent contractor. (Agcy) |
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Definition
| A person who contracts to do something for another person, but the other person does not have the right to control the timing, manner, method or mode of the performance of the undertaking. |
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Term
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Definition
| A person under the legal age to contract. |
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Term
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Definition
| Latin phrase meaning of equal fault or guilt. |
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Term
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Definition
| Latin term meaning "during life." |
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Term
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Definition
| A defamatory statement in written form. |
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Term
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Definition
| Rule that a contract is formed the moment a valid acceptance is transmitted (e.g., deposited in a mailbox) if it is sent by an authorized means of communication. |
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Term
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Definition
| The failure to perform a material promise in a contract. The injured plaintiff may sue for damages and is justified in treating the contract as ended. The injured party is under no further duty to perform under the agreement. |
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Term
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Definition
| Any gift made during a person's lifetime. |
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Term
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Definition
| Form of joint ownership of property •Set forth in a writing by which •two or more persons own an item of property •in equal shares •with the right of survivorship. |
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Term
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Definition
| A system of rules to control human behavior which can be enforced through the courts. |
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Term
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Definition
| Rule that a valid contract cannot be formed to carry out either an illegal purpose or one that is, or will generate a result, contrary to public policy. |
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Term
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Definition
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Term
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Definition
| Undertaking to do something which one was not previously legally obligated to do. |
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Term
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Definition
| A contractual promise that involves a legal detriment. |
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Term
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Definition
| In civil law, legal responsibility for a wrongful act or breach of duty. |
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Term
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Definition
| A person under the legal age to contract. |
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Term
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Definition
| Rule requiring that an offeree's acceptance must exactly mirror (be an unequivocal assent to) the terms of the offer. |
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Term
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Definition
| The meeting of minds in an agreement. |
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Term
| Mutuality of obligation. (Con) |
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Definition
| The requirement that all parties to a contract must be obligated to do something they were not previously legally obligated to do. |
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Term
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Definition
| Failure to exercise the same care a reasonably prudent person would have exercised in the same circumstances. A breach of the General Duty Rule. An unintentional tort. |
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Term
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Definition
| Conduct where the failure to exercise reasonable care (negligence) is established as a matter of law, such as an act in violation of a statutory standard. |
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Term
| Negligent misrepresentation - Elements.(Gen) |
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Definition
| •Unintentional •misrepresentation of a •material fact •by one who has no reasonable grounds to believe the statement is true which is •justifiably relied on •to the damage of the plaintiff. |
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Term
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Definition
| A means of discharging a contract which results in the parties substituting a new contract for the old agreement with the addition of a new party or some element not contained in first agreement. |
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Term
| Past consideration. (Con) |
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Definition
| A promise of payment or reward for acts or services previously rendered. NOT consideration at all. |
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Term
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Definition
| Rights and interests in everything subject to ownership that is not real property, including money, goods, chattels, contract rights, things in action and evidences of debt. |
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Term
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Definition
| Another term for "personal property". |
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Term
| Offer - Definition. (Con) |
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Definition
| A promise by one party to carry out the terms of a proposed transaction in exchange for a specified return performance. |
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Term
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Definition
| •Present contractual intent. •Clear and definite terms. •Absence of mistake or ambiguity. •Communication. |
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Term
| Offer - Methods of termination. (Con) |
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Definition
| •Lapse of time. •Revocation. •Rejection. •Death. •Insanity •Destruction of subject matter. |
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Term
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Definition
| One who receives an offer. |
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Term
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Definition
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Term
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Definition
| A contract in which a party agrees not to withdraw an offer for a specified period of time in exchange for legal consideration. |
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Term
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Definition
| A contract by which a seller promises to sell its entire output of a product to one buyer. |
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Term
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Definition
| The right to possess, use and transfer a thing to the exclusion of others. |
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Term
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Definition
| An existing obligation imposed by law or a contract with the same party or a third party. |
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Term
| Present contractual intent. (Con) |
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Definition
| A present commitment to be bound to the terms of a proposed contract subject only to the offeree's assent. |
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Term
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Definition
| Any person who, having the capacity to contract, authorizes another to act on his/her behalf. Also, a sum of money or something that is primary. |
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Term
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Definition
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Term
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Definition
| A commitment to perform or not perform an act. |
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Term
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Definition
| One who receives a promise. |
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Term
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Definition
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Term
| Promissory Estoppel. (Con) |
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Definition
| A concept of limited application selectively applied by courts to enforce a promise that is otherwise unenforceable due to lack of consideration. Elements include: • A specific, unenforceable promise, • which is both reasonably and justifiably relied and acted upon in the expected manner • resulting in substantial legal injury (not just economic loss) and unavoidable injustice. |
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Term
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Definition
| Property consists of the legally protected rights and interests a person has in a thing subject to ownership. |
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Term
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Definition
| Rights and interests in everything subject to ownership that is not real property, including money, goods, chattels, contract rights, things in action and evidences of debt. |
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Term
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Definition
| Rights and interests in land and everything permanently affixed to it. |
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Term
| Regulatory statute. (Gen) |
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Definition
| A law which has as its primary purpose the regulation of conduct to protect the public. |
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Term
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Definition
| Manifestation that the offeree does not intend to accept an offer to enter a contract. |
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Term
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Definition
| A written relinquishment of a claim. |
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Term
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Definition
| The rejection or refusal to recognize a concept or perform a duty. The act of rejecting or refusing to have anything to do with an act, cause or person. |
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Term
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Definition
| Circumstances that constitute the legal cause of a tort injury. Elements: • The act was the factual cause of the harm • The act produced a foreseeable resulting injury. |
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Term
| Quasi-contract - Definition. (Con) |
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Definition
| An obligation imposed by law to prevent unjust enrichment where no contract exists. |
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Term
| Quasi-contract - Elements (Con) |
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Definition
| •There is no valid contract. •Plaintiff conferred a benefit on the defendant •with expectation of payment •and did not act as a volunteer. |
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Term
| Quasi-contract - Theory. (Con) |
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Definition
| Plaintiff allowed to recover if defendant has been unjustly enriched at the plaintiff's expense and plaintiff should reimburse plaintiff for the reasonable value of the benefit conferred. |
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Term
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Definition
| Approval, affirmation or validation of a previously unauthorized act. |
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Term
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Definition
| Rights and interests in land and everything permanently affixed to it. |
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Term
| Requirement(s) contract. (Con) |
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Definition
| A contract by which the buyer promises to buy all his requirements of a product from one seller. |
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Term
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Definition
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Term
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Definition
| Cancellation of a contract. |
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Term
| Respondeat Superior (Agcy) |
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Definition
| Legal doctrine that the principal is liable for the wrongful acts of an agent committed while acting within the course and scope of the agency. In Latin, "Let the master respond." |
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Term
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Definition
| Legal doctrine that negligence will be inferred if an injury was caused by an instrumentality that was in the under the total control of the defendant immediately prior to the event. In Latin, “the thing speaks for itself.” |
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Term
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Definition
| Restoring another to their original position prior to a loss or injury by returning or paying for property. |
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Term
| Revenue raising statute. (Gen) |
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Definition
| A law with the primary purpose of raising revenue for government, rather than regulating conduct. |
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Term
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Definition
| The withdrawal of an offer prior to its acceptance. |
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Term
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Definition
| Constitutions; statutes; administrative regulations; case law. |
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Term
| Specific performance. (Con) |
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Definition
| A form of remedy requiring a party to specifically perform the terms of a contract when monetary compensation would be inadequate. |
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Term
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Definition
| Any gift made after a person's lifetime through his/her will or testament. |
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Term
| Third party beneficiary (Con) |
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Definition
| Someone who benefits from a contract made and performed by others. |
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Term
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Definition
| Law enacted to prevent perjury and fraud by requiring certain types of contracts be evidenced by a writing in order to be enforceable. |
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Term
| Statute of Frauds - Contracts within (Con) |
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Definition
| •Contract which by its terms cannot be fully performed within one year from the date it is made. •Contract to answer for the debt of another. •Contract in consideration of marriage. •Contract for the transfer of an interest in real property. •Contract for the sale of goods in excess of a certain amount ($500.00.). |
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Term
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Definition
| Doctrine that imposes liability for conduct regardless of or without fault. Based on a legal duty to make a thing or activity absolutely safe. |
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Term
| Sufficient memorandum. (Con) |
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Definition
| An informal memorandum of a transaction signed by the defendant which consists of one or more writings that, taken together, identify the parties and the essential terms, and thus satisfies the requirement of the Statute of Frauds that certain transactions be evidenced by a writing. |
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Term
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Definition
| Form of joint ownership of property by which each party owns an undivided fractional interest in a piece of property that is transferred or passed to the deceased owner's heirs under his/her will. |
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Term
| Third party beneficiaries - Checklist. (Con) |
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Definition
| •Is the plaintiff a donee or creditor beneficiary? • Are there any defenses against the beneficiary? •Have the original parties attempted to terminate the contract? |
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Term
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Definition
| A private/civil wrong. The breach of a private duty not arising from a contract. |
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Term
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Definition
| One who engages in the act of committing a tort. |
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Term
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Definition
| The unauthorized entry upon, over or under the land of another. |
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Term
| Trespass to personal property (T) |
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Definition
| The intentional or negligent taking or damaging of the personal property of another. The wrongful interference with another’s right to exclusive use and possession of personal property. |
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Term
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Definition
| Definite; without reservation; leaving no doubt; without hesitation or evasion. |
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Term
| Unilateral contract. (Con) |
|
Definition
| A proposed transaction is for a unilateral contract if the offeror intends the offeree will accept by fully performing the terms of the offer. |
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Term
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Definition
| Charging a rate of interest on a loan in excess of the maximum permitted by law. |
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Term
|
Definition
| A contract with all necessary elements to be enforceable. |
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Term
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Definition
| Invalid and without legal force or effect. |
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Term
|
Definition
| A contract with a technical deficiency that may still be enforceable at the election of one party, (e.g. a contract for non-necessaries made by a minor can be enforced at the election of the minor. |
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