Contract Law

Descripción

Business law words
paulovermann
Mapa Mental por paulovermann, actualizado hace más de 1 año
paulovermann
Creado por paulovermann hace más de 8 años
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Resumen del Recurso

Contract Law
  1. Accpetance

    Nota:

    • Unqualified Willingness by the offeree to go along with the offer
    1. Benefits

      Nota:

      • Something that a party was not previously entitled to receive
      1. Bilateral

        Nota:

        • Contains two promises
        1. Consideration

          Nota:

          • Exchange of benefits and detriments by the parties to an agreements
          1. Capacity

            Nota:

            • Legal ability to start a contract
            1. Death

              Nota:

              • Offeror dies
              1. Detriments

                Nota:

                • Anything lost or given up
                1. Duress

                  Nota:

                  • Overcoming someones freewill by use of force or by threat of force
                  1. Economic Duress

                    Nota:

                    • Threats to a person's business or income
                    1. Express

                      Nota:

                      • Contract statemen that may be written or oral
                      1. Emancipation

                        Nota:

                        • Severing of the parent child-relationship
                        1. Firm Offer

                          Nota:

                          • A written offer for goods that states the period of time during which the offer will stay open
                          1. Forbearance

                            Nota:

                            • Not doing something that you have the right to do
                            1. Fraudulent Mispreresentation

                              Nota:

                              • Party to a contract deliberately makes an untrue statement of fact
                              1. Implied

                                Nota:

                                • Contract that comes about from the actions of a party
                                1. Illusory Promises

                                  Nota:

                                  • Clause or wording that allows party to escape from legal obligation
                                  1. Genuine Agreement (Assent)

                                    Nota:

                                    • A valid offer has been made by the offeror, and a valid acceptance has been exercised by the offeree
                                    1. Insanity

                                      Nota:

                                      • Offeror is declared insane
                                      1. Legality

                                        Nota:

                                        • Illegal contracts
                                        1. Mentally Incapacitated

                                          Nota:

                                          • Lacking the ability to understand the consequences of his or her contractual acts
                                          1. Mirror Image Rule

                                            Nota:

                                            • Terms of the acceptance must match exactly (mirror) the terms of the offer
                                            1. Mutual mistake (Bilateral Mistake)

                                              Nota:

                                              • Both parties are mistaken about an important fact
                                              1. Offer

                                                Nota:

                                                • Proposal by one party to another in a written contract where either parties cannot or do not wish to state the amount
                                                1. Nominal Consideration

                                                  Nota:

                                                  • Token amount in a written contract where either the parties cannot or do not wish to state the amount
                                                  1. Offeree

                                                    Nota:

                                                    • Offer made to this person
                                                    1. Offeror

                                                      Nota:

                                                      • Makes the offer
                                                      1. Option

                                                        Nota:

                                                        • The offeree gives the offeror something of value in return for a promise to keep the offer open for a set period of time
                                                        1. Oral

                                                          Nota:

                                                          • Created by two or more people speaking to eachother
                                                          1. Rejection

                                                            Nota:

                                                            • Refusal by the offeree
                                                            1. Price Fixing

                                                              Nota:

                                                              • Competitors agree on certain price rangers within which they will sell their products
                                                              1. Restrictive Covenant

                                                                Nota:

                                                                • Agreement not to compete in a region for a set period of time
                                                                1. Past Peformance

                                                                  Nota:

                                                                  • An act that has already been peformed cannot be consideration in a contract
                                                                  1. Revocation

                                                                    Nota:

                                                                    • Taking back of an offer
                                                                    1. Statue of frauds

                                                                      Nota:

                                                                      • Requires that certain contracts be in writing to be enforced
                                                                      1. Unconscionable

                                                                        Nota:

                                                                        • So grossly unfair or oppressive that it would shock the conscience of the court
                                                                        1. Undue Influence

                                                                          Nota:

                                                                          • Unfair and improper pressure within a relationship of turst
                                                                          1. Unenforceable Contract

                                                                            Nota:

                                                                            • Contract that court will uphold, usually because of some rule of law
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