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50 Cards in this Set
- Front
- Back
an agreement to an offer resulting in a contract |
acceptance |
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an agreement made and executed in satisfaction of the rights one has from a previous contract |
accord and satisfaction |
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official document detailing a defendant's defense |
answer |
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the authority an agent is believed by third parties to have b/c of the the behavior of the principal |
apparent authority |
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request to a higher court to review a lower court's decision |
appeal |
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charging a person with a crime and asking for that person's plea |
arraignment |
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to take into police custody |
arrest |
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the party to whom the assignment is made |
assignee |
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a means whereby one party in a contract conveys rights to another person, who is not a party to the original contract |
assignment |
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a person in possession of an instrument |
bearer |
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commercial paper payable to bearer |
bearer paper |
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one who inherits property as specified in a will |
beneficiary |
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the contract existing b/w a consignor and a carrier |
bill of lading |
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document of conveyance which provides written evidence of one's title to tangible personal property |
bill of sale |
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a check for which the bank assures that the drawer has sufficient funds to make payment |
certified check |
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a designation which applies to a corporation in which outstanding share of stock and managerial control are held by a limited number of people. |
close (closely held) corporation |
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an award paid to the injured party to cover the exact amount of their loss, but no more. |
compensatory damages |
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that which the promisor demands and receives as the price for the promise |
consideration |
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a seller agrees to transfer title to goods for a consideration (price) at a future time |
contract to sell |
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the necessity that the parties desiring to enter into contracts meet all requirements |
contractual capacity |
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a person who is not a party to a contract to whom the promisor of a contract owes an obligation or duty |
creditor beneficiary |
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writing conveying title to real property |
deed |
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deed that transfers property to trustee for benefit of creditor |
deed of trust |
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the repudiation, or election to avoid, a voidable contract |
disaffirmance |
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pretrial steps taken to learn the details of the case |
discovery |
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operates in the state that granted the charter |
domestic corporation |
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a third party beneficiary to whom no legal duty is owed and performance is a gift |
donee beneficiary |
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a written order signed by one person requiring the person to whom addressed to pay a particular sum of money, to order or to bearer, on demand or at a certain time |
draft |
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the person, company or financial institution ordered to pay a draft |
drawee |
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the person who executes any draft |
drawer |
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a contract in which the parties express their intentions, either orally or in writing, at the time of the agreement |
express contract |
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the actual and definite statement of a seller, either orally or in writing, at the time of the sale |
express warranties |
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largest, most complete right in property |
fee simple estate |
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the intentional or reckless false statement of a material fact, upon which the injured party relied, which induced the injured party to enter into a contract, to his or her detriment. |
fraud |
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one who is authorized to execute the principal's business of a particular kind, or all the principals business at a particular place, if not all of one kind |
general agent |
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movable tangible personal property |
goods |
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one in possession of commercial paper |
holder |
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warranties imposed by law, arising automatically b/c the sale has been made |
implied warranties |
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a person who becomes the holder of a negotiable instrument by endorsement which names him/her as the person to whom the instrument is negotiated |
endorsee |
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person who writes his/her name on the back of an instrument |
endorser |
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evidences of ownership of personal property such as stock of corporations, checks, and copyrights |
intangible personal property |
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a decision of a court of law |
judgement |
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newest form of business ownership recognized in the U.S.; combines features of both the corporation and partnership |
LLC |
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the amount of the damages stipulated in a contract to be paid in the event one party breaches the contract |
liquidated damages |
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person who executes a promissory note |
maker |
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a person who deals in goods of the kind or otherwise by occupation purports to have knowledge or skill peculiar to the practices or goods involved in the transaction |
merchant |
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stating an untrue fact |
misrepresentation |
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items, required or proper and useful, for sustaining a human being at an appropriate living standard (food, clothing, shelter) |
necessaries |
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failure to exercise ordinary care |
negligence |
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a writing drawn in a special form which can be transferred from person to person as a substitute for money or as an instrument of credit |
negotiable instrument (commercial paper) |