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Contract Law
Communications Law
9
Communication
Undergraduate 2
03/28/2011

Additional Communication Flashcards

 


 

Cards

Term
Contract Law
Definition

 

  • a promise for the breach of which the law gives a remedy
  • often used to establish an employment relationship or arrange freelance work
  • actual damages for crimes, punitive for torts

 

Term
Contracts
Definition

 

  • most basic level- a contract is an agreement between contracting parties formed by the extension of an OFFER to which an ACCEPTANCE is communicated and for which CONSIDERATION is given
  • need: an offer, acceptance and consideration
  • only some have to be in writing

 

Term
Consideration
Definition

exchange of mutual promises

"I will sell you my car for $5,000"

"I accept"

Term
To enter into a contract you  must be:
Definition

  • 18 or older
  • competent

Term
Uniform Commercial Code
Definition

adopted by most states to facilitate commerce

  • establish a framework for the sale of goods, bank transactions, the extension of credit and other commercial relationships

Term
For there to be an Offer
Definition

  • there must be a manifestation of willingness to enter into a bargain at the present time
  • must be a mutual understanding of the terms of the contract
  • must be communicated by the offerer

Term
Civil Action
Definition
claim for breach of contract
Term
"Specific Performance" Injunction
Definition

court requires seller to hold up their end of the bargain

  • for unique pieces only; art, real property, etc.

Term
TIPS:
Definition

 

  • read the contract
  • make certain the contract provides the remedies in the event of a breach
  • engage your lawyer in the process sooner rather than later

 

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