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Ch. 6 Contracts

Business Law- Overview and Formation of Contracts

TermDefinition
PrommissOR Makes the promise
PromissEE Receives the promise
Statute of Frauds States that certain contracts must be in writing to be enforced EX. Contract for the sale of goods for $500 or more under UCC
Bilateral Contract Involves two promises and two performances
Unilateral Contract Involves one promise, followed by one performance, which then triggers a second performance
Express Contract Created when the parties have expressly agreed on the terms.
Implied Contract Agreement is reached by the parties actions.
Quasi-Contract One party suffers losses as a result of another party's unjust enrichment
Elements of a Contract 1. Offer and Acceptance 2. Consideration 3. Mutual Assent 4.Competent Parties 5. Legal Subject Matter
Valid Contract Has the necessary elements
Void Contract Agreements that have not been formed in conformance with the law from the outset of the agreement and cannot be enforced by either party.
Unenforceable contract One that meets the elements required by law but is subject to a legal matter
Forbearance Ask someone NOT to do something
Advertisement Not an offer, but invitation to make an offer
After the Offer... Revoke Rejection Counteroffer Acceptance Operation of Law
Mailbox Rule Offer effective upon receipt Acceptance effective upon dispatch
Mistake A belief that is not in accordance with the facts
Consideration What is given in exchange for something else. Involves: 1. Legal detriment to the promissee or benefit to the promisor 2. Bargained for exchange
Social Promise Doesn't have elements of contract, cannot take to court. EX. Aunt give you car when you graduate college
Competent Parties Voidable contracts: Minors, mentally incompetent, exception: drunk/drugged not intentionally but by another Void Contracts: Declared insane in court of law
Misrepresentation 1. False info 2. Did not know that it's false 3. Other party relies on info 4. Other party is damaged
Fraudulent Misrepresentation 1. False info 2. Knowledge that is false 3. Other party relies on info 4. Other party is damaged
Sources of Law 1. State common law- case law (less than $500) 2. State statutory law- UCC
Created by: ginganinjaem
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