Law I Chapter 23: Contracts Chapter 24: Warranties Chapter 23 • Contracts Key Terms • • • • • • • Contract Breached Offer Acceptance Consideration Cosign Ratified Two More Terms • Unconscionable • Fraud Contract • A legally enforceable agreement between two or more people. Breached • When a law, duty or other form of obligation has been violated, either by engaging in an action or failing to act. Offer • A definite proposal by one person to another to make a deal or contract. Acceptance • The act of agreeing to an offer and becoming bound to the terms of a contract. Consideration • Something of value either offered or received, constituting the main reason for making the contract. Cosign • To sign a legal document, guaranteeing to pay off the debt or contract if the original signer defaults. Ratified • An act performed by you or someone else has been confirmed. • Ex: In order for the Constitution to become the law of the land, ten (10) of the original Thirteen (13) states had to have ratified it. Unconscionable • 1. Unfair, harsh, oppressive. • 2. A sales practice or term in a contract that is so unfair that a judge will not permit it. Fraud • Any deception, lie, or dishonest statement made to cheat someone. Chapter 24 • Warranties Key Terms • • • • • • • Warranty Breached Express Warranty Puffing Implied Warranty Warranty of Merchantability Warranty of Title Two More Terms • Warranty of Fitness for a Particular Cause • Disclaimer Warranty • A guarantee or promise made by a seller or manufacturer concerning the quality or performance of goods offered for sale. Breached • When a law, duty or other form of obligation has been violated, either by engaging in an action or failing to act. Express Warranty • A statement of fact or a demonstration concerning the quality or performance of goods offered for sale. Puffing • An exaggerated statement as to the desirability of a product or service. Implied Warranty • The unwritten standard of quality the law requires of products offered for sale. Warranty of Merchantability • An implied promise that an item sold is of at least average quality for that type of item. Warranty of Title • The seller’s promise that he or she owns and may transmit title to the item being offered for sale. Warranty of Fitness for a Particular Purpose • A seller’s promise that the item sold will meet the buyer’s stated purpose . The promise is not spoken or written by the seller, but it is implied by law. Disclaimer • A clause or statement in a contract or an agreement that denies responsibility for anything not expressly promised.