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Business Law Ch9
Business Law with UCC Applications Ch 9
Question | Answer |
---|---|
Accord | The limited or expressed acceptance of less than what the creditor billed the debtor. |
Accord and Satisfaction | An agreement (accord) whereby a creditor accepts as full payment an amount that is less than the amount due. |
Bargain-for exchange | In reference to agreements, when a promise is made in exchange for another promise, in exchange for an act, or in exchange for a forbearance act. |
Consideration | In contract law, the mutual promise to exchange benefits and sacrifices between parties. |
Disputed Amount | Consideration on which parties to a contract never agree. |
Estoppel | A legal bar to denying acts, statements, or promises that are relevant and material to the validity of an insurance contract. |
Firm Offer | A rule that no consideration is necessary when a merchant agrees in writing to hold an offer open for the sale of goods. |
Irrevocable Offer | A rule that no consideration is necessary when a merchant agrees in writing to hold an offer open for the sale of goods. Also called firm offer. |
Forbearance | The act of refraining from doing (or promising not to do) something that a person has a legal right to do. |
Illusory Promise | A promise that does not obligate the promisor to anything. |
Locus Sigilli | The place of the seal. The abbreviation L.S. is often used in place of the seal itself on formal written contracts. |
Option | In contract law, the giving of consideration to support an offeror's promise to hold an offer open for a stated or reasonable length of time. Also called option contract. |
Past Consideration | A promise to give another something of value in return for goods or services rendered and delivered in the past. |
Preexisting Duty | An obligation that a part is already bound to by law or by some other agreement. The party may not use this as consideration in a new contract. |
Promissory Estoppel | The legal doctrine that restricts an offeror from revoking an offer under certain conditions, even though consideration has not been promised to bind the agreement. |
Release | In contract law, a promise made by one party agreeing not to sue a second party. |
Satisfaction | The agreed-to settlement as contained in an accord. |
Seal | A mark or impression placed on a written contract that the instrument was executed and accepted in a formal manner, |
Statutes of Limitations | State laws that restrict the time within which a party is allowed to bring legal action against another. |
Unconscionable | Ridiculously inadequate. |
Undisputed Amount | An amount upon which the parties to a contract have mutually agreed. |
Legal Detriment | Doing (or promising to do) something that one has a legal right not to do, giving up (or promising to give up) something that one has a legal right ot keep, or refraining from doing (or promising not to do) something that one has a legal right to do. |
Safe Harbor Principles | Principles of electronically stored information (ESI) protection established by the Department of Commerce that, if followed by American companies, will qualify them for commerce with the EU. |