qwertyuiopasdfghjklzxcvbnmqw ertyuiopasdfghjklzxcvbnmqwert BUSINESS LAW UNIT 2 yuiopasdfghjklzxcvbnmqwertyui CH. 10-14 opasdfghjklzxcvbnmqwertyuiopa BUSINESS CONTRACTS sdfghjklzxcvbnmqwertyuiopasdf (TERMINOLOGY- CUT AND PASTE APPROPRIATE TERM WITH DEFINITION- WORK BANK IS AT THE ghjklzxcvbnmqwertyuiopasdfghj BOTTOM OF EACH PAGE) klzxcvbnmqwertyuiopasdfghjklz xcvbnmqwertyuiopasdfghjklzxcv bnmqwertyuiopasdfghjklzxcvbn mqwertyuiopasdfghjklzxcvbnmq wertyuiopasdfghjklzxcvbnmqwe rtyuiopasdfghjklzxcvbnmqwerty uiopasdfghjklzxcvbnmqwertyuio pasdfghjklzxcvbnmqwertyuiopas dfghjklzxcvbnmqwertyuiopasdfg hjklzxcvbnmqwertyuiopasdfghjk lzxcvbnmrtyuiopasdfghjklzxcvbn mqwertyuiopasdfghjklzxcvbnmq Heath Duncan Business Law Contracts Chapters 10-14 Those who are under the age of majority. The ability to understand that a contract is being made and its general meaning. Ending a contract when both parties give back the consideration. The age at which a person can be legally bound to contracts. The severing of the child-parent relationship. Not having the ability to understand the consequences of contractual acts. Mental impairment caused by voluntary use of alcohol, drugs, or inhalants. Within the range of acts an organization has authorized a party to do. Acting toward a contract as though one intends to be bound by it. Things needed to maintain life and lifestyle. Things that are relative luxuries. An agreement with three elements: payment to participate, a chance to win based on luck rather than on skill, and a prize for one or more winners. A bet on the uncertain outcome of an event. Lending money at a rate higher than the state’s maximum allowable rate. A license required by a state to ensure that persons in certain occupations and businesses are competent. A license required only to raise revenue rather than to protect the public. Age of Majority Wager Capacity Usury Disaffirmance Revenue License Emancipation Ratification Intoxication Non-Necessaries Mental Incapacity Necessaries Minors Gambling Scope of Authority Competency License Page 1 of 3 Business Law Contracts Chapters 10-14 The act when competing firms agree on the same price to be charged for a product or service. The act when competing firms who bid on jobs agree that one bidder will have the lowest bid for a particular job. Recovery of a payment. Gross unfairness in a contract that parties under ordinary circumstances would not accept. Lying under oath. Statutes that require certain contracts to be evidenced by a signed writing in order to be enforceable in court. A contract that has been fully performed. A contract that has not been fully performed. A contract in which some element of an enforceable contract is missing but the court enforces it as if it were a contract in order to prevent unjust enrichment of one party. A promise to answer for the debt or default of another. A rule that bars testimony about what was said prior to the execution of the final writing or at the time of signing. Contracts in which the more powerful party dictates all the important terms. Something a party will receive under a contract. A party who transfers a contractual right to another. A party who receives a transferred contractual right. The fulfillment of contractual promises as agreed. Contractual duties transferred to another party. Executory Contract Executed contract Parol Evidence Rule Contractual Rights Performance Contractual Duties Perjury Contracts of Adhesion Price Fixing Collateral Promise Quasi-Contract Bid Rigging Restitution Assignor Statute of Frauds Assignee Unconsionability Page 2 of 3 Business Law Contracts Chapters 10-14 One who owes a duty under a contract. A termination of duties that ordinarily occurs when the parties of a contract perform as promised. Failure to provide complete performance. Ending a contract for sale of goods because of breach. A failure to perform. Notification, before the scheduled time of performance, of refusal to perform contractual terms as agreed. Discharging a contract by replacing it with a new one. An agreement to change the obligation required by a contract. Performance of a new obligation in an accord. Releasing the other party from the duty of performance and accepting a substitute party. A material change in the terms of a written contract without consent of the other party. An offer to perform an obligation. Currency or coins. The action or procedure followed to enforce a right or to get damages for an injury to a right. Restoring or making good a loss. Amount of money awarded to compensate for a plaintiff’s loss. Money awarded to a party for foreseeable injuries caused by the other party’s breach. Damages agreed upon before a possible breach of contract. Money a court requires a defendant to pay in order to punish and make an example of the defendant. A small amount granted in recognition of the rights that have been violated. Intentionally and explicitly giving up a contractual right. A legal proceeding whereby a debtor’s assets are distributed among his or her creditors to discharge the debts. Accord Anticipatory Breach Breach of Contract Cancellation Default Discharge Obligor Substitution Tender Satisfaction Restitution Remedy Novation Legal Tender Compensatory Money Damages Alteration Page 3 of 3 Bankruptcy Consequential money damages Liquidated Money Damages Nominal Damages Punitive Damages Waiver