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Drizzle
on FreezingBlue Flashcards.
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Contract
A legally enforceable agreement that is created when two or more competent parties agree to perform, or to avoid performing, certain acts that they have a legal right to do and that meet certain legal requirements.
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Tangible personal property
Personal property that can be moved
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Offer
A proposal made by the offeror to the offeree that indicates a willingness to enter into a contract.
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Offeror
The person making a proposal
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Offeree
The person to whom a proposal is made.
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Acceptance
An indication made by the offeree that he or she agrees to be bound by the terms of the offer.
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Mutual agreement
a.k.a. "A meeting of the minds" The sate of mind that exists between an offeror and an offeree and an when a valid offer has been accepted, and the parties know what the terms are and ahve agreed to be bound by them.
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Consideration
The promise to give up something of value that a party to a contract has a legal right to keep, or to do something that the party is not otherwise legally required to do.
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Competent
Being mentally capable of understanding the terms of a contract.
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Legality of purpose
The requirement that the intent of a contract be legal for the contract to be enforceable.
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Proper form
The requirement that the form of a contract be correct for the terms of the contract to be enforceable.
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Oral contract
An agreement that is not in writing or signed by the parties. A contract created entirely by the conversation of the two parties.
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Written contract
An agreement that is reduced to writing on a permanent surface.
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Express contract
A contract that specifically states the agreement of the parties either written or oral.
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Implied contract
The terms and actions of the parties dictate an implied contract.
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Formal contract
A specialty contract that is written under seal.
The seal may consist of simply the word "Seal" or "L.S." (locus sigilli), a scroll, a wafer, or an impression on the paper.
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Simple contract
An informal contract made without seal
(even though the subject matter of the contract may be extremely complex and may involve huge amounts of money).
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Entire contract
An agreement that is made up of two or more parts, in which each part is dependent upon the others. a.k.a. "indivisible contract"
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Divisible contract
An agreement that is made up of two parts, each part being independent of the others.
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Executory contract
A contract where a future act or obligation remains to be performed under its terms.
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Executed contract
A record of an agreement that has been completed in all respects by all the parties.
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Valid contract
An agreement resulting in an obligation that is legally enforceable.
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Void contract
A contract that is not enforceable from the beginning because it lacks one of the requirements of a valid contract.
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Voidable contract
An agreement that can be rejected by one of the parties for a legally acceptable reason.
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