Legal Studies Contract Law Review

Detailed fill-in-the-blank flashcards covering contract law definitions, elements, exclusion clauses, and factors affecting enforceability based on the lecture notes.

A __________ is a core term of a contract that is essential to its purpose, which allows the non-breaching party to repudiate the contract if breached.

condition

A __________ is a secondary or collateral term that supports the main contract but is not central to its purpose, and its breach only entitles the party to compensatory damages.

warranty

The three essential elements of a contract include: Is there an agreement?, Is the agreement intended to be legally binding?, and Is the agreement supported by __________?

consideration

Offers can be made orally or in writing, and must be clearly communicated by the __________ to the offeree.

offeror

An __________ is an expression of a willingness to negotiate, also known as "invitation to offer," such as price tags or most advertisements.

invitation to treat

The __________ states that if acceptance is made by mail, it is deemed to have taken place once the letter has been posted.

postal-acceptance rule

One of the non-examples or rules of consideration is that it cannot be something that occurred in the __________.

past

There is no requirement for the consideration to be __________; it just must be present.

adequate

__________ are exaggerated comments about the product that no reasonable person would believe.

Puffs

A __________ is a false term made in a contract designed to persuade the plaintiff to agree to the terms.

misrepresentation

Misrepresentation exists in three forms: innocent, negligent, and __________ or fraudulent.

deliberate

An __________ is a provision in a contract that limits or excludes one party’s liability in the event of a breach of contract or negligence.

exclusion clause

For an exclusion clause to be relied upon, the clause must be contained in a __________ document and brought to the attention of the other party before the contract is entered into.

contractual

__________ conduct refers to being taken advantage of in a transaction in a way that "offends the conscience."

Unconscionable

If you signed an agreement under unfair pressure, known as __________, the courts will not enforce the agreement.

duress

__________ is someone strongly influencing another person so the person who agrees to the contract hasn’t really agreed, often affecting family or loving relationships.

Undue influence

__________ occurs when events after a contract is signed make a fundamental change to the nature of the contract without either party being at fault.

Frustration

Legal __________ exists if a person has characteristics the law recognizes as the ability to look after their own interests and understand the consequences of signing an agreement.

capacity

Those who were bankrupt, jailed criminals, foreign citizens, or __________ may not have the capacity to enter a contract.

minors