Mindmap
Key terms to Contracts
Inhalt der Mindmap
Key terms to Contracts
Acceptance
- willingness by offeree to go with offer
- Benefits
- something that a party wasn't entitled to receive
- Bilateral
- two promises
- Capacity
- legal ability to enter into a contract
- Consideration
- exchange of benefits & detriments by the parties to an agreements
- Counteroffer
- any changes in the terms of the offer
- Death
- offeror died
- Detriments
- any loss suffered
- Durees
- overcoming a person's fee will by use of force or by threat of force or bodily harm
- Economic Duress
- threats to a person's business or income
- Emancipation
- serving of the parents-child relationship
- Express
- contact statement that may be written or oral
- Firm Offer
- written offer for good that state the period of time during which the offer stays open
- Forbearance
- not doing something that you have the right to do
- Fraudulent Misrepresentation
- party to a contact deliberately makes an untrue statement of face
- Genuine Agreement
- valid offer has been made by the offeror and a valid acceptance has been exercised by the offeree
- Illusory Promises
- clause or wording that allows party to escape from a legal obligation
- Implied
- contract that comes from the actions of the parties
- Insanity
- offeror is declared insane
- Legality
- illegal contracts
- Mentally Incapacitated
- lacking the ability to understand consequences of contractual actions
- Mirror Image Rule
- terms of acceptance must match exactly the terms of the offer
- Mutual Mistake
- both parties mistaken about an important fact
- Nominal Consideration
- token amount in a written contract where either the parties can't or do not wish to state the amount
- Offer
- proposal by 1 party to another with intent to create a legal binding agreement
- Offeree
- who the offer is made to
- Offeror
- makes the offer
- Option
- the offeree gives the offeror something of value in return for a promise to keep offer open for period of time
- Oral
- created by 2 or more people speaking to each other
- Past Performance
- act that has already been performed can't be consideration in a contract
- Price Fixing
- competitors agree on certain price ranges within which they will sell their products
- Rejection
- refusal by offeree
- Restrictive Covenant
- agreement not to compete in a region for a period of time