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CPCU 530 - Chapter 3
Definitions
20
Other
Not Applicable
12/01/2007

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Term
Valuable consideration
Definition
the consideration necessary and sufficient to support a valid contract
Term
Good consideration
Definition
consideration based on natural love or affection, or on moral duty, that is not sufficient to support a contract
Term
Gratuitous promise
Definition
a promise not supported by valuable consideration, and, therefore not binding
Term
Accord and satisfaction
Definition
an agreement (accord) to substitute performance other than that required in a contract and the carrying out of that agreement (satisfaction)
Term
Primary estoppel
Definition
a legal principle that permits enforcement of a promise made without consideration in order to prevent injustice
Term
Usury
Definition
the charging of an illegally high rate of interest on a loan
Term
Exculpatory clause
Definition
a contractual provision purporting to excuse a party from liability resulting from negligent or an otherwise wrongful act
Term
In pari delicto agreement
Definition
an illegal transaction in which both parties are equally at fault
Term
Severable contract
Definition
a contract that includes two or more promises, each of which a court can enforce separately
Term
Genuine assent
Definition
contracting parties’ actual assent to form a contract or their indication of intent to contract by their actions or words
Term
Fraud
Definition
an intentional misrepresentation resulting in harm to a person or an organization
Term
Rescission
Definition
the complete unmaking of a contract
Term
Collusion
Definition
an agreement by two or more people to defraud another
Term
Concealment
Definition
a misrepresentation by silence
Term
Mistake
Definition
a perception that does not agree with the facts
Term
Unilateral mistake
Definition
a perception by one party to a contract that does not agree with the facts
Term
Bilateral mistake
Definition
a perception by both parties to a contract that does not agree with the facts
Term
Reformation
Definition
an equitable remedy with which a court rewrites, or reforms, a contract to reflect the parties’ intentions
Term
Duress
Definition
the use of restraint, violence, or threats of violence to compel a party to act contrary to his or her wishes or interests
Term
Undue influence
Definition
the improper use of power or trust to deprive a person of free will and substitute another’s objective, resulting in lack of genuine consent to a contract
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