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20 Cards in this Set
- Front
- Back
What must a contract have to be valid and enforcceable?
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COLIC
Competent partiess Offer and acceptance Legal Purpose In writing (statute of frauds) Consideration (not earnest $) |
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Is a contract not in writing valid?
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yes, but not enforceable
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Does a lease for less than a year have to be in writing?
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no
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What is a void/invalid contract?
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no binding effect on parties who made it
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What is a contract made with an insane person?
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void/invalid
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What is a voidable contract?
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one party has right to withdraw
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A contract with a minor, person under duress, or under the influence?
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voidable
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Difference in express and implied contract?
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express=written or stated oral
implied=by actions or evidence |
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What kind of contract is an option?
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unilateral
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An modification to an existing contract?
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amendmnents
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What is a contract for deed?
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seller financing where seller holds the deed. title retention protects seller. vendor and vendee must sign
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What is novation
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substitution a new contract for old one
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Assignment
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substitute new party ion existing contract
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What can be used to shield the id of a buyer?
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assignment
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Is a counter offer a rejection or acceptance?
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rejection of offer with a new offer presented
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When does a offer become a binding contract?
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When it is SIGNED and acceptance is COMMUNICATED to the offering party and commission is earned
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What is an executory contract?
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One not carried out but signed ex: contract for deed
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If one party dies is the contract binding on heirs?
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yes
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Hold over tenant?
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no longer has any right to remain on property
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Tenancy at sufferance?
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when lease expires but tenant remains
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