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138 Cards in this Set
- Front
- Back
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Express Powers
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Powers that are explicitly stated; for example, in the U.S. Constitution
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Implied Powers
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Powers that arise as a result of an interpretation of the express powers by the courts
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Judicial Review
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The process by which a court determines the constitutionality of various legislative statutes, administrative regulations, and executive actions
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stare decisis
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The practice of relying on previous decisions in which similar disputes arose
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Common Law
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the body of recorded decisions that courts refer to and rely upon when making later legal decisions
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Precedent
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a model case that a court can follow when facing a similar situation
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Case Law
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the effects of court decisions that involve the same or similar facts
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Statutory Law
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the field of law involving statutes, which are laws passed by congress or by state legislatures
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Ordinance
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a law that is passed by a local government, such as a city council
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Administrative Law
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the body of rules, regulations, and decisions created by administrative agencies
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Uniform Commercial Code (UCC)
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a set of laws that govern various commercial transactions and that is designed to bring uniformity to the states
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Jurisdiction
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the authority of a court, as granted by a constitution or legislative act, to hear and decide cases
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ETHICS
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THE PHILOSOPHICAL STUDY OF WHAT IS RIGHT AND WRONG, GOOD AND BAD
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MORALS
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BELIEFS ABOUT BEHAVIOR AS JUDGED BY SOCIETY
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VALUES
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BELIEFS OR STANDARDS CONSIDERED WORTHWHILE, AND FROM WHICH A SOCIETY DERIVES ITS MORAL RULES
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CULTURE
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THE SET OF SHARED ATTITUDES, VALUES, GOALS, AND PRACTICES THAT CHARACTERIZE A SOCIAL, RACIAL, RELIGIOUS, OR CORPORATE GROUP
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SUBCULTURE
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AN ETHNIC, ECONOMIC, REGIONAL, RELIGIOUS, OR SOCIAL GROUP WITH ATTITUDES OR BEHAVIORS THAT DISTINGUISH IT FROM OTHERS WITHIN A LARGER CULTURE
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CODE OF ETHICS
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A SET OF RULES THAT A COMPANY OR OTHER GROUP ADOPTS TO EXPRESS PRINCIPLES OF ETHICAL BEHAVIOR THAT ARE EXPECTED OF ITS PERSONNEL
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WHISTLEBLOWER
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AN EMPLOYEE WHO DISCLOSES TO THE GOVERNMENT, MEDIA, OR UPPER MANAGEMENT THAT THE COMPANY IS INVOLVED IN WRONGFUL OR ILLEGAL ACTIVITIES
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CRIME
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AN OFFENSE AGAINST THE PUBLIC AT LARGE PUNISHABLE BY THE GOVERNING BODY
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TORT
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A PRIAVE WRONG THAT INJURES ANOTHER PERSON'S PHYSICAL WELLBEING, PROPERTY, OR REPUTATION
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TREASON
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THE LEVYING OF WAR AGAINST THE U.S. OR THE GIVING OF AID AND COMFORT TO THE NATION'S ENEMYS
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FELONY
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A CRIME PUNISHABLE BY DEATH OR IMPRISONMENT IN A FEDERAL OR STATE PRISON FOR A TERM EXCEEDING ONE YEAR
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MISDEMEANOR
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A LESS SERIOUS CRIME THAT IS GENERALLY PUNISHABLE BY A PRISON SENTENCE OF A YEAR OR LESS
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WHITE-COLLAR CRIME
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A TERM FOR VARIOUS CRIMES THAT TYPICALLY DO NOT INVOLVE FORCE OR VIOLENCE COMMITTED BY AND AGAINST BUSINESSES
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ARSON
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THE WILLFUL OR MALICIOUS ACT OF CAUSING THE BURNING OF ANOTHER'S PROPERTY
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BURNING TO DEFRAUD
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A SPECIAL CATEGORY OF CRIME PROVIDING FOR THE PUNISHMENT OF PERSONS WHO BURN THEIR OWN PROPERTY WITH THE AIM OF COLLECTING INSURANCE MONEY
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LARCENY
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THE ACT OF TAKING AND CARRYING AWAY THE PERSONAL PROPERTY OF ANOTHER WITHOUT THE RIGHT TO DO SO
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ROBBERY
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THE TAKING OF PROPERTY IN THE POSSESSION OF ANOTHER PERSON AGAINST THAT PERSON'S WILL AND UNDER THREAT OF BODILY HARM
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BURGLARY
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THE ILLEGAL ENTERING OF ANOTHER PERSON'S PREMISES FOR THE PURPOSE OF COMMITTING A CRIME
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FALSE PRETENSES
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A BROAD CATEGORY OF CRIMES THAT INVOLVES ACTIVITIES INTENDED TO DECEIVE OTHERS OR TO OBTAIN GOODS BY MAKING FALSE CLAIMS
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FORGERY
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THE FALSE MARKING OR ALTERATION OF A WRITING WITH THE INTENT TO DEFRAUD
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PERJURY
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THE CRIME OF INTENTIONALLY GIVING FALSE ORAL OR WRITTEN STATEMENTS UNDER OATH IN A JUDICIAL PROCEEDING AFTER HAVING SWORN TO TELL THE TRUTH
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EMBEZZLEMENT
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THE WRONGFUL TAKING OF MONEY OR OTHER PROPERTY THAT HAS BEEN ENTRUSTED TO A PERSON AS PART OF HIS OR HER JOB
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EXTORTION
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THE ACT OF TAKING OR DEMANDING MONEY OR OTHER PROPERTY FROM SOMEONE BY USING FORCE, THREATS OF FORCE, OR ECONOMIC HARM
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DEFAMATION
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THE HARMING OF A PERSON'S REPUTATION AND GOOD NAME BY THE COMMUNICATION OF A FALSE STATEMENT
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LIBEL
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THE SPREADING OF DAMAGING STATEMENTS IN WRITTEN FORM, INCLUDING PICTURES, CARTOONS, AND EFFIGIES
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SLANDER
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THE SPREADING OF DAMAGING WORDS OR IDEAS ABOUT A PERSON DIRECTLY OR INDIRECTLY, IN ALL OTHER FORMS NOT CONSIDERED LIBEL
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NUISANCE
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AN UNLAWFUL INTERFERENCE WITH THE ENJOYMENT OF LIFE OR PROPERTY
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CONVERSION
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THE WRONGFUL EXERCISE OF DOMINION AND CONTROL OVER ANOTHER'S PERSONAL PROPERTY
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NEGLIGENCE
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THE FAILURE TO EXERCISE NECESSARY CARE TO PROTECT OTHERS FROM UNREASONABLE RISK OF HARM
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VICARIOUS NEGLIGENCE
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CHARGING A NEGLIGENT ACT OF ONE PERSON TO ANOTHER
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CONTRIBUTORY NEGLIGENCE
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A LEGAL DEFENSE THAT INVOLVES THE FAILURE OF AN INJURED PARTY TO BE CAREFUL ENOUGH TO ENSURE PERSONAL SAFETY
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COMPARATIVE NEGLIGENCE
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A FORM OF NEGLIGENCE THAT REQUIRES THE COURT TO ASSIGN DAMAGES ACCORDING TO THE DEGREE OF FAULT OF EACH PARTY
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LIABLE
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BEING JUDGED LEGALLY RESPONSIBLE
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VICARIOUS LIABILITY
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THE CONCEPT OF LAYING RESPONSIBILITY OR BLAME UPON ONE PERSON FOR THE ACTIONS OF ANOTHER
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STRICT LIABILITY
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THE DOCTRINE UNDER WHICH PERSONS MAY BE LIABLE FOR INJURIES TO OTHERS WHETHER OR NOT THEY HAVE BEEN NEGLIGENT OR COMMITTED AN INTENTIONAL TORT
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ADMINISTRATIVE AGENCY
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A GOVERNMENTAL BODY RESPONSIBLE FOR THE CONTROL AND SUPERVISION OF A PARTICULAR ACTIVITY OR AREA OF PUBLIC INTEREST
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LEGISLATIVE BRANCH
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BODY OF ELECTED REPRESENTATIVES--CONGRESS
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EXECUTIVE BRANCH
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ONE ELECTED EXECUTIVE--THE PRESIDENT
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JUDICIAL BRANCH
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BODY THAT DETERMINES IF THERE HAVE BEEN VIOLATIONS IN THE LAW--SUPREME COURT
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ADMINISTRATIVE HEARING
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A TRAIL-LIKE JUDICIAL PROCEEDING WITHOUT A JURY, IN WHICH AN ADMINISTRATIVE AGENCY RULES ON MATTERS OF THE LAW THAT THE AGENCY IS CHARGED WITH ENFORCING
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CONTRACT
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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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OFFER
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A PROPOSAL MADE BY ONE PARTY (THE OFFEROR) TO ANOTHER PERSON (THE OFFEREE) THAT INDICATES A WILLINGNESS TO ENTER INTO A CONTRACT
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ACCEPTANCE
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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
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THE STATE OF MIND BETWEEN AN OFFEROR AND OFFEREE WHEN A VALID OFFER HAS BEEN ACCEPTED
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CONSIDERATION
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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
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BEING MENTALLY CAPABLE OF UNDERSTANDING THE TERMS OF A CONTRACT
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LEGALITY OF PURPOSE
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THE REQUIREMENT THAT THE INTENT OF A CONTRACT BE LEGAL FOR THE CONTRACT TO BE ENFORCEABLE
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PROPER FORM
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THE REQUIREMENT THAT THE FORM OF A CONTRACT BE CORRECT FOR THE TERMS OF THE CONTRACT TO BE ENFORCEABLE
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EXPRESS CONTRACT
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A CONTRACT THAT EXPLICITLY STATES THE AGREEMENT OF THE PARTIES EITHER ORALLY OR IN WRITING
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IMPLIED CONTRACT
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A CONTRACT THAT DOES NOT EXPLICITLY STATE THE AGREEMENT OF THE PARTIES BUT IN WHICH THE TERMS OF THE AGREEMENT CAN BE INFERRED
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VALID CONTRACT
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AN AGREEMENT RESULTING IN AN OBLIGATION THAT IS LEGALLY ENFORCEABLE
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VOID CONTRACT
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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
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AN AGREEMENT THAT CAN BE REJECTED BY ONE OF THE PARTIES FOR A LEGALLY ACCEPTABLE REASON
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INVITATION TO TRADE
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AN ANNOUNCEMENT PUBLISHED FOR THE PURPOSE OF CREATING INTEREST AND ATTRACTING A RESPONSE BY MANY PEOPLE. IT IS NOT A VALID OFFER
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COUNTEROFFER
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A RESPONSE TO AN OFFER IN WHICH THE TERMS AND CONDITIONS OF THE ORIGINAL OFFER ARE CHANGED
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TERMINATION BY LAPSE OF TIME
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WHEN AN OPPORTUNITY TO FORM A CONTRACT ENDS BECAUSE THE OFFEREE FAILS TO ACCEPT AN OFFER WITHIN THE TIME SPECIFIED
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REVOCATION
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THE CALLING BACK OF AN OFFER BY THE OFFEROR BEFOREHAS BEEN ACCEPTED OR REJECTED
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REJECTION
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THE EXPRESS OF IMPLIED REFUSAL BY AN OFFEREE TO ACCEPT AN OFFER
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FRAUD
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THE INTENTIONAL MISSTATEMENT OR NONDISCLOSURE OF A MATERIAL (ESSENTIAL) FACT MADE BY ONE PARTY WITH TH EHOPE OF INFLUENCING THE OTHER PARTY
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PUFFING
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A GENERAL EXPRESSION OF OPINION, TYPICALLY IN A SALES CONTEXT, THAT IS USED TO PERSUADE A PROSPECTIVE PURCHASER TO BUY
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MISREPRESENTATION
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A MISSTATEMENT OF A MATERIAL FACT THAT RESULTS IN INDUCING ANOTHER TO ENTER INTO AN AGREEMENT TO HIS OR HER INJURY
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MISTAKE
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A BELIEF THAT IS NOT IN ACCORD WITH THE FACTS
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UNDUE INFLUENCE
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THE IMPROPER USE OF EXCESSIVE PRESSURE BY THE DOMINANT MEMBER OF A CONFIDENTIAL RELATIONSHIP TO CONVINCE THE WEAKER PARTY TO ENTER A CONTRACT THAT GREATLY BENEFITS THE DOMINANT PARTY
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DURESS
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THE ACT OF APPLYING UNLAWFUL OR IMPROPER PRESSURE OR INFLUENCE TO A PERSON TO GAIN HIS OR HER AGREEMENT TO A CONTRACT
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CONTRACT OF ADHESION
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A CONTRACT DRAWN BY ONE PARTY THAT MUST BE ACCEPTED AS IS ON A TAKE-IT-OR-LEAVE-IT BASIS
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UNCONSCIONABLE CONTRACT
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A CONTRACT THAT IS SON ONE-SIDED THAT IT IS OPPRESSIVE AND GIVES UNFAIR ADVANTAGE TO ONE OF THE PARTIES
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FORBEARANCE
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THE PROMISE TO REFRAIN FROM DOING SOMETHING THAT A PARTY HAS A LEGAL RIGHT TO DO
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PROMISOR
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THE PARTY WHO MAKES A PROMISE
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PROMISEE
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THE PARTY TO WHOM A PROMISE IS MADE
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PLEDGE
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A PROMISE TO DONATE MONEY TO A CHURCH, TEMPLE, MOSQUE, HOSPITAL, COLLEGE, OR OTHER CHARITABLE ORGINZATION
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GENERAL RELEASE
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A WRITTEN AGREEMENT IN WHICH AN AGGRIEVED PARTY CAN DISCHARGE IN WHOLE OR IN PART A CLAIM RESULTING FROM AN ALLEGED BREACH OF CONTRACT
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BARREN PROMISE
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A PROMISE TO PAY AN EXISTING DEBT OR TO OBEY THE LAW, OR A SIMILAR PROMISE OF SOMETHING ALREADY OWED
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PREEXISTING DUTY
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AN OBLIGATION THAT A PARTY IS ALREADY BOUND TO BY LAW OR BY SOME OTHER AGREEMENT
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GRATUITOUS PROMISE
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A PROMISE THAT DOES NOT REQUIRE SOME BENEFIT IN RETURN
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MORAL CONSIDERATION
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SOMETHING THAT A PERSON IS NOT LEGALLY BOUND TO DO BUY THAT HE OR SHE MAY FEEL BOUND TO DO BECAUSE OF LOVE, FRIENDSHIP, HONOR, ETC
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PAST CONSIDERATION
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A PROMISE TO REPAY SOMEONE FOR A BENEFIT AFTER IT HAS BEEN RECEIVED
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COMPETENT PARTY
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A PERSON OF LEGAL AGE AND AT LEAST NORMAL MENTALITY WHO IS CONSIDERED BY LAW TO BE CAPABLE OF UNDERSTANDING THE MEANING OF A CONTRACT AND IS PERMITTED TO ENTER INTO A VALID CONTRACT
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CONTRACTUAL CAPACITY
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THE ABILITY TO MAKE A VALID CONTRACT
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MINOR
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A PERSON WHO HAS NOT YET REACHED THE AGE OF MAJORITY
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AGE OF MAJORITY
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THE AGE AT WHICH A PERSON IS LEGALLY RECOGNIZED AS AN ADULT AND BOUND BY THE TERMS OF HIS OR HER CONTRACT
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DISAFFIRMANCE
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IN CONTRACT LAW, TO INDICATE BY A STATEMENT OR ACT AN INTENT NOT TO LIVE UP TO THE TERMS OF A CONTRACT
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NECESSARIES
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GOODS AND SERVICES THAT ARE ESSENTIAL TO A MINOR'S HEALTH AND WELFARE
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RATIFIED
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AN APPROVAL OF A CONTRACT MADE BY A MINOR AFTER REACHING MAJORITY
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EMANCIPATION
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THE CONDITION THAT EXISTS WHEN MINORS ARE NO LONGER UNDER THE CONTROL OF THEIR PARENTS AND ARE RESPONSIBLE FOR THEIR CONTRACTS
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ABANDONMENT
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THE CONDITION THAT EXISTS WHEN A MINOR HAS LEFT HOME AND GIVEN UP ALL RIGHTS TO PARENTAL SUPPORT
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INCOMPETENT
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BEING UNABLE TO BAKE BINDING CONTRACTS DUE TO HAVING AN UNSOUND MIND AND BEING UNABLE TO SAFEGUARD ONE'S OWN INTERESTS AND AFFAIRS
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SUNDAY AGREEMENT
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IN SOME JURISDICTIONS, CONTRACTS MADE ON SUNDAY ARE INVALID UNLESS THEY ARE RATIFIED ON A WEEKDAY
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GABLING AGREEMENT
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AN AGREEMENT IN WHICH PERFORMANCE BY ONE PARTY DEPENDS ON THE OCCURRENCEOF AN UNCERTAIN EVENT
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INTEREST
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THE CHANGE FOR USING BORROWED MONEY, GENERALLY EXPRESSED AS AN ANNUAL PERCENTAGE OF THE AMOUNT OF THE LOAN
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USURY
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CHARGING INTEREST HIGHER THAN THE LAW PERMITS
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UNLICENSED TRANSACTION
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AN AGREEMENT WITH A PERSON WHO DOES NOT HAVE A REQUIRED LICENSE
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CHAMPERTY
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AN AGREEMENT TO ENCOURAGE A LAWSUIT IN WHICH ONE OR MORE OF THE PARTIES HAVE NO LEGITIMATE INTEREST
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RESTRAINT OF TRADE
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A LIMITATION ON THE FULL EXERCISE OF DOING BUSINESS WITH OTHERS
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MONOPOLY POWER
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A SITUATION IN WHICH ONE OR MORE PEOPLE OR FIRMS CONTROL THE MARKET IN A PARTICULAR AREA OR FORE A PARTICULAR PRODUCT
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GOVERNMENT-GRANTED FRANCHISE
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A LEGAL MONOPOLY IN WHICH A STATE OR FEDERAL GOVERNMENT GRANTS A PERSON OR FIRM A LICENSE TO CONDUCT A SPECIFIC BUSINESS, USUALLY AN ESSENTIAL SERVICE
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FRANCHISOR
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THE PARENT FIRM IN A FRANCHISE AGREEMENT
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FRANCHISEE
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THE INDEPENDENT COMPANY IN A FRANCHISE AGREEMENT
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PAROL EVIDENCE RULE
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THE RULE THAT ANY SPOKEN OR WRITTEN WORDS IN CONFLICT WITH WHAT THE WRITTEN CONTRACT STATES CANNOT BE INTRODUCED AS EVIDENCE IN A COURT OF LAW
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STATUTE OF FRAUDS
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A LAW REQUIRE CERTAIN CONTRACTS TO BE IN WRITING TO BE ENFORCEABLE
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EXECUTOR
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A PERSONAL REPRESENTATIVE NAMED INA WILL TO HANDLE MATTERS INVOLVING THE ESTATE OF A DECEASED PERSON
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ADMINISTRATOR
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A PERSONAL REPRESENTATIVE NAMED BY THE COURT TO PERFORM AS THE EXECUTOR WOULD IN INSTANCES IN WHICH THE DECEASED PERSON HAS NOT LEFT A WILL
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GUARANTY
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A PROMISE TO PAY THE DEBTS OR SETTLE THE WRONGDOINGS OF ANOTHER IF HE OR SHE DOES NOT MAKE SETTLEMENT PERSONALLY
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ANTENUPTIAL AGREEMENT
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A PROMISE MADE BY A PERSON PLANNING TO MARRY THAT IS ENFORCEABLE ONLY IF IT IS IN WRITING BEFORE THE MARRIAGE TAKES PLACE
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AUCTION SALE
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A SALE IN WHICH GOODS ARE SOLD TO THE HIGHEST BIDDER
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MEMORANDUM
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A WRITTEN CONTRACT OR AGREEMENT
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THIRD-PARTY BENEFICIARY
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A PERSON WHO IS NOT A PARTY TO A CONTRACT BUT IS INTENDED BY THE CONTRACTING PARTIES TO BENEFIT AS A RESULT OF THE CONTRACT
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INCIDENTAL BENEFICIARY
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A PERSON WHO WILL BENEFIT AS AN INDIRECT CONSEQUENCE OF A CONTRACT, ALTHOUGH THAT WAS NOT THE INTENT OF THE CONTRACTING PARTIES
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ASSIGNMENT
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THE TRANSFER OF A CONTRACT RIGHT TO A THIRD PARTY WHO CAN RECEIVE THE BENEFITS OF THE CONTRACT
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ASSIGNOR
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THE PERSON WHO TRANFERRS HIS OR HER RIGHTS IN AN ASSIGNMENT
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ASSIGNEE
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THE THIRD PARTY TO WHOM RIGHTS ARE TRANSFERRED IN AN ASSIGNMENT
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GUARANTOR
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THE PARTY WHO GUARANTEES THE PROMISES ASSIGNED
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PERSONAL SERVICE CONTRACT
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A CONTRACT IN WHICH SERVICES THAT REQUIRE A UNIQUE SKILL, TALENT, ABILITY, AND SO FORTH ARE PROVIDED BY A SPECIFIC PERSON
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DELEGATION
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THE APPOINTMENT OF A THIRD PARTY BY A PARTY TO AN EXISTING CONTRACT TO PERFORM CONTRACTUAL DUTIES THAT DO NOT INVOLVE UNIQUE SKILLS, TALENTS, ABILITIES, ETC
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NOTAION
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A SITUATION IN WHICH ALL PARTIES TO A CONTRACT AGREE TO A SIGNIFICANT CHANGE TO A CONTRACT
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SUBSTANTIAL PERFORMANCE
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WHEN A PARTY TO A CONTRACT, IN GOOD FAITH, EXECUTES ALL OF THE PROMISED TERMS AND CONDITIONS OF THE CONTRACT WITH THE EXCEPTION OF MINOR DETAILS THAT DO NOT AFFECT THE REAL INTENT OF THE CONTRACT
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TENDER OF PERFORMANCE
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AN OFFER TO PERFORM THAT IS CONSIDERED EVIDENCE OF A PARTY'S WILLINGNESS TO FULFILL THE TERMS OF A CONTRACT
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TENDER OF GOODS
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AN OFFER TO PROVIDE THE GOODS AGREED UPON THAT IS CONSIDERED EVIDENCE OF A PARTY'S WILLINGNESS TO FULFILL THE TERMS OF A CONTRACT
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TENDER OF PAYMENT
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A MONETARY OFFER OF PAYMENT OF AN OBLIGATION
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IMPOSSIBILITY OF PERFORMANCE
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WHEN UNFORESEEN CIRCUMSTANCES MAKE IT IMPOSSIBLE TO FULFILL THE TERMS OF A CONTRACT
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MATERIAL ALTERATION
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A DELIBERATE CHANGE OR ALTERATION OF AN IMPORTANT ELEMENT IN A WRITTEN CONTRACT THAT AFFECTS THE RIGHTS OR OBLIGATIONS OF THE PARTIES
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BREACH OF CONTRACT
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WHEN A PARTY TO A CONTRACT REFUSES TO PERFORM AS REQUIRED BY THE CONTRACT OR PERFORMS IN AN UNSATISFACTORY MANNER
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ANTICIPATORY BREACH
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WHEN A PARTY TO A CONTRACT ANNOUNCES HIS OR HER INTENTION TO BREAK THE CONTRACT IN THE FUTURE
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MITTGATE
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THE OBLIGATION OF THE INJURED PARTY TO PROTECT THE OTHER PARTY FROM ANY UNNECESSARY DAMAGES
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SPECIFIC PERFORMANCE
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A COURT ORDER DIRECTING A PERSON TO PERFORM--OR NOT PERFORM--AS HE OR SHE AGREED TO DO IN A CONTRACT
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RESTRAINING ORDER
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A COURT ORDER PROHIBITING THE PERFORMANCE OF A CERTAIN ACT
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INJUNCTION
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A PERMANENT COURT ORDER PROHIBITING THE PERFORMANCE OF A CERTAIN ACT
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