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Chapter 8
Genuine Agreement
12
Business
12th Grade
03/14/2011

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Term
genuine agreement
Definition
An agreement to enter a contract that is evidenced by words or conduct between the parties.
Term
voidable
Definition
A contract where the injured party can rescind; thus cancelling the contract.
Term
rescission
Definition
Backing out of a transaction by asking for the return of what you gave in the transaction, and offering to give back what you received.
Term
ratification
Definition
Conduct suggesting you intend to be bound by the contract.
Term
duress
Definition
When one party uses an improper threat or act to obtain an expression of agreement.
Term
undue influence
Definition
When one party to the contract is in a place of trust and wrongfully dominates the other party.
Term
unilateral mistake
Definition
When one party holds an incorrect belief about the facts to the contract.
Term
mutual mistake
Definition
When both parties have an incorrect belief about an important fact in the contract; also known as a bilateral mistake.
Term
material facts
Definition
Important facts that influence the parties decisions about a contract.
Term
innocent misrepresentation
Definition
When a party to a contract does not know that a statement he or she made is untrue.
Term
fradulent misrepresentation
Definition
When a party to the contract knowingly makes an untrue statement.
Term
fraud
Definition
Intentional misrepresentation of an existing and important fact.
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