BUSINESS LAW 2.0: Understand elements and characteristics of

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BUSINESS LAW
2.0: Understand elements and characteristics of contract law
Key Terms
Student Name: _______________________________________
Acceptance
Benefits
Bilateral
Capacity
Consideration
Counteroffer
Death
Detriments
Duress
Economic Duress
Emancipation
Express
Firm Offer
Forbearance
Fraudulent Misrepresentation
Genuine Agreement (Assent)
Illusory Promises
Implied
Insanity
Legality
Mentally Incapacitated
Mirror Image Rule
Mutual Mistake (Bilateral
Mistake)
Nominal Consideration
Offer
Offeree
Offeror
Option
Oral
Past Performance
Price Fixing
Rejection
Restrictive covenant
Unqualified willingness by the offeree to go along with the offer
Something that a party was not previously entitled to receive
Contains two promises
Legal ability to enter into a contract
Exchange of benefits and detriments by the parties to an agreements
Any change in the terms of the offer
Offeror dies
Any loss suffered; anything given up
Overcoming a person’s free will by use of force or by threat of force
or bodily harm
Threats to a person’s business or income
Severing of the parent-child relationship
Contract statement that may be written or oral
A written offer for goods that states the period of time during which
the offer will stay open
Not doing something that you have the right to do
Party to a contract deliberately makes an untrue statement of fact
A valid offer has been made by the offeror, and a valid acceptance
has been exercised by the offeree
Clause or wording that allows party to escape from legal obligation
Contract that comes about from the actions of the parties
Offeror is declared insane
Illegal Contracts
Lacking the ability to understand the consequences of his or her
contractual acts
Terms of the acceptance must match exactly (mirror) the terms of the
offer
Both parties are mistaken about an important fact
Token amount in a written contract where either the parties cannot or
do not wish to state the amount
Proposal by one party to another with intent to create a legal binding
agreement
Offer made to this person
Makes the offer
The offeree gives the offeror something of value in return for a
promise to keep the offer open for a set period of time
Created by two or more people speaking to each other
An act that has already been performed cannot be consideration in a
contract.
Competitors agree on certain price ranges within which they will sell
their products
Refusal by the offeree
Agreement not to compete in a region for a period of time
BUSINESS LAW
2.0: Understand elements and characteristics of contract law
Key Terms
Revocation
Statute of Frauds
Unconscionable
Undue Influence
Unenforceable contract
Unilateral
Unilateral Mistake
Usury
Valid contract
Void contract
Voidable contract
Written
Taking back of an offer by offeror
Requires that certain contracts be in writing to be enforceable
So grossly unfair or oppressive that it would shock the conscience of
the court
Unfair and improper persuasive pressure within a relationship of trust
Contract that court will not uphold, usually because of some rule of
law
Contains a promise by only one person to do something if, and
when, the other party performs a certain act
An error on the part of one of the parties
Charging too high of an interest rate
Includes all elements recognized by the courts
Without legal effect
One or more parties can get out of contract for some legal reason
Contract terms are written so that both parties know the exact terms
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