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Chapter 10
Business Practice: Contract, Property, and Employment Law
38
Law
12th Grade
04/17/2012

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Term
Uniform Commerical Code
Definition
A uniform set of laws dealing with contracts for the sale of goods; adopted by most states.
Term
bilateral contract
Definition
A contract in which both parties have made promises to perform.
Term
rescind
Definition
To undo a contract, usually when the contract is voidable.
Term
Statute of Frauds
Definition
A law based on English common law requiring certain types of contracts to be evidenced by in writing.
Term
parol evidence rule
Definition
A rule of contract law stating that when parties have put their agreement in writing, evidence of prior or contemporaneous statements regarding the agreement are not admissible if a dispute arises and the parties go to trial.
Term
integration clause
Definition
A clause in a contract that indicates that the contract is meant to embody all of the terms of the parties' agreement.
Term
quasi contract
Definition
A contract imposed by law; a transaction that will be treated as a valid contract even though one or more elements may be missing, because it is the equitable thing to do.
Term
breach of contract
Definition
The failure of one party to a contract to perform his or her obligations under the contract.
Term
specific performance
Definition
A court order requiring one party to fulfill his or her obligations under a contract.
Term
restitution
Definition
To make restitution is to return consideration that was given.
Term
arbitration
Definition
An out-of-court hearing before a neutral party who listens to two or more disputing parties and renders a decision resolving the dispute.
Term
assignment
Definition
The transfer of one's rights under a contract.
Term
assignor
Definition
The person who makes a transfer or assignment of rights under a contract.
Term
assignee
Definition
The person to whom a transfer or assignment is made.
Term
delegation
Definition
The transfer of obligations under a contract.
Term
real property
Definition
Land, including anything affixed to the land or growing upon the land.
Term
fee simple
Definition
Outright ownership of land.
Term
life estate
Definition
The right to use real property for the term of someone's life.
Term
joint tenancy
Definition
Co-ownership of property characterized by a right of survivorship.
Term
tenants in common
Definition
A term that describes co-ownership of property carrying no right of survivorship.
Term
community property
Definition
Property owned jointly by married persons; not all states recognize community property.
Term
tenants by the entirety
Definition
Property owned jointly by married persons in non-community property states.
Term
deed
Definition
A document that evidences title to real property; it is also used to convey property.
Term
warranty deed
Definition
A type of deed used in some states that implies certain representations regarding title.
Term
grant deed
Definition
A type of deed used in some states that implies certain representations regarding title.
Term
quitclaim deed
Definition
A deed that implies no representations or warranties regarding title.
Term
easement
Definition
The right to a limited use of a portion of another's property.
Term
mortgage
Definition
An encumbrance against real property.
Term
foreclosure
Definition
A legal proceeding involving the sale of encumbered or mortgaged property when the owner fails to pay the debt.
Term
deed of trust
Definition
A document that evidences a debt secured by real property.
Term
tenancy
Definition
The right to use another's property for a limited time.
Term
lease
Definition
An agreement between an owner of property and another in which the owner of the property gives the other person the right to use the property for a set period of time.
Term
unlawful detainer
Definition
A lawsuit to evict a tenant.
Term
intellectual property
Definition
Property rights in the result of one's thoughts, ideas, or inventions; includes patents, copyrights and trademarks.
Term
infringement
Definition
Improper interference in the intellectual property rights of another.
Term
collective bargaining
Definition
Joining together of employees for the purpose of negotiating; often done by a union.
Term
employment-at-will
Definition
An employment arrangement without a fixed term.
Term
affirmative action
Definition
A policy, such as hiring or school admission, that gives a preference to a group that has experienced past discrimination.
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