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21 Cards in this Set

  • Front
  • Back
Type of contract that arises when a promise is given in exchange for a return promise
bilateral contract
agreement that can be enforced in court; formed by 2+ parties, each of whom agrees to perform or to refrain from performing some act now or in the future
contract
contract that has been completely performed by both parties
executed contract
contract that has not as yet been fully performed
executory contract
contract in which terms of agreement are fully and explicitly stated in words, oral, or written
express contract
contract that, by law, requires a specific form, such as being executed under seal, to be valid
formal contract
contract formed in whole or in part from the conduct of the parties
implied in fact contract
contract that does not require a specified form or formality in order to be valid
informal contract
intent to form a contract will be judged by outward, objective facts as interpreted by a reasonable person rather than by the party's own, subjective intentions
objective theory of contracts
How are VDLs produced?
VDLs are produced by adding grape spirit to must before any fermentation has taken place. Alcohol level is around 16-17 percent abv.
a person who makes an offer
offeror
person's assurance that he/she will or will not do something
promise
person to whom a promise is made
promisee
person who makes a promise
promisor
"as much as he deserves"
extent of liability on a contract.
iplied in law -- based on concept that one who benefits from another's labor and materials should not be unjustly enriched thereby but should be required to pay a reasonable amount for benefits received, even absent a contract
quantum meruit
fictional contract imposed on parties by a court in the interests of fairness and justice
quasi contract
a valid contract rendered unenforceable by some statute or law
unenforceable contract
contract that results when an offer can only be accepted by the offeree's performance
unilateral contract
contract that results when elements necessary for contract formation are present
1) agreement
2) consideration
3) legal purpose
4) contractual capacity
valid contract
contract having no legal force or binding effect (no contract)
void contract
contract that may be legally avoided (cancelled of annulled) at the option of one of the parties
voidable contract