Contracts

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Contracts

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32 Terms

1

Contracts

Fundamental agreements that create rights and duties for both parties involved.

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2

Promisor

The person who initiates the contract.

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3

Promisee

The person who receives the contract.

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4

Punitive damages

Damages that are not awarded in cases of breached contracts.

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5

Valid, enforceable contracts

Contracts that have an offer, acceptance, agreement, consideration, capacity, and legality.

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6

Consideration

The exchange of something of value in a contract.

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7

Capacity

The ability to enter and fulfill a contract.

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8

Defenses

Claims that can be made to leave a contract, such as mistake, fraud, or duress.

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9

Statute of Frauds

Requirement for certain contracts to be in writing under specific conditions.

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10

Click on / wrap agreement

Terms of service that become legally binding when a user clicks "accept" on a website.

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11

ESIGN Act of 2000

Legislation that validates electronic agreements.

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12

Plain Language Rule

Contracts are interpreted based on the written language without considering context.

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13

Offer

An invitation to make a contract.

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14

Classifications of contracts

Void, valid, voidable, unenforceable.

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15

Implied contracts

Nonverbal or unwritten contracts.

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16

Express contracts

Verbal or written contracts.

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17

Unilateral contracts

Contracts that require action to be fulfilled.

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18

Bilateral contracts

Contracts between two parties to exchange consideration.

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19

Executed contracts

Contracts in which all elements are completed.

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20

Executory contracts

Contracts that are not fully performed.

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21

Mailbox rule

An offer is valid once it is sent, regardless of whether it is received.

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22

UCC (Uniform Commercial Code)

Governs standardized transactions, particularly the sale of goods.

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23

Mirror image rule

A written contract should match the valid offer.

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24

Substantial performance

Partial completion of a contract may still require performance.

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25

Impossibility of performance

Circumstances that make it impossible to fulfill a contract.

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26

Detrimental reliance / Promissory Estoppel

Protects individuals who rely on promises made by others.

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27

Unconscionability

Contracts that are harsh, shocking, or grossly unfair.

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28

Specific Performance

Court order to enforce a contract or provide damages.

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29

Minors

Individuals under the legal age of adulthood.

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30

Disaffirmance, Avoidance

Minors' right to cancel and refuse to honor contracts.

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31

Emancipation

Divorce from parents, removing parental support for a minor.

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32

Mandated Contracts Which Minors Cannot Avoid

Contracts that minors are obligated to fulfill, such as tax returns or military service.

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