Business Law - Chp 8 Vocab

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18 Terms

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Accord and Satisfaction

Parties' agreement to change the obligation required by their original contract and the performance of the new obligation

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Composition with creditors

Agreement by all creditors to accept something less than the total amount of their claims as full payment

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Consideration

What a person demands and generally must receive in order to make his or her promise legally binding

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Donee

Person receiving a gift

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Donor

Person giving a gift

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Forbearance

Refraining from doing what one has a right to do

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Gift

Voluntary transfer of ownership without consideration

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Legal value

Change in the legal position of a party as a result of a contract

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Liquidated debt

Debt for which the parties agree that the debt exists and on the amount of the debt

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Nominal consideration

Token amount identified in a written contract when parties either cannot or do not wish to state the amount precisely

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Output contract

Agreement to purchase all of a particular producer's production

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Past consideration

Act that has already been performed cannot be consideration for a promise in the present

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Promisee

Person to whom the promise or action is given in exchange for the other person's promise or action

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Promisor

Person who gives the promise or action in exchange for the promise or action of another

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Promissory estoppel

Enforcement of a promise to avoid injustice by denying to the promisor the defense of lack of consideration

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Requirements contract

Seller agrees to supply all of the needs of a particular buyer

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Release

Party settles a claim at the time the tort occurs, and the liability in unliquidated because the extent of damages is uncertain

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Statue of limitations

State laws setting time limit for bringing a lawsuit