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50 Cards in this Set

  • Front
  • Back

an agreement to an offer resulting in a contract

acceptance

an agreement made and executed in satisfaction of the rights one has from a previous contract

accord and satisfaction

official document detailing a defendant's defense

answer

the authority an agent is believed by third parties to have b/c of the the behavior of the principal

apparent authority

request to a higher court to review a lower court's decision

appeal

charging a person with a crime and asking for that person's plea

arraignment

to take into police custody

arrest

the party to whom the assignment is made

assignee

a means whereby one party in a contract conveys rights to another person, who is not a party to the original contract

assignment

a person in possession of an instrument

bearer

commercial paper payable to bearer

bearer paper

one who inherits property as specified in a will

beneficiary

the contract existing b/w a consignor and a carrier

bill of lading

document of conveyance which provides written evidence of one's title to tangible personal property

bill of sale

a check for which the bank assures that the drawer has sufficient funds to make payment

certified check

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

an award paid to the injured party to cover the exact amount of their loss, but no more.

compensatory damages

that which the promisor demands and receives as the price for the promise

consideration

a seller agrees to transfer title to goods for a consideration (price) at a future time

contract to sell

the necessity that the parties desiring to enter into contracts meet all requirements

contractual capacity

a person who is not a party to a contract to whom the promisor of a contract owes an obligation or duty

creditor beneficiary

writing conveying title to real property

deed

deed that transfers property to trustee for benefit of creditor

deed of trust

the repudiation, or election to avoid, a voidable contract

disaffirmance

pretrial steps taken to learn the details of the case

discovery

operates in the state that granted the charter

domestic corporation

a third party beneficiary to whom no legal duty is owed and performance is a gift

donee beneficiary

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

the person, company or financial institution ordered to pay a draft

drawee

the person who executes any draft

drawer

a contract in which the parties express their intentions, either orally or in writing, at the time of the agreement

express contract

the actual and definite statement of a seller, either orally or in writing, at the time of the sale

express warranties

largest, most complete right in property

fee simple estate

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

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

movable tangible personal property

goods

one in possession of commercial paper

holder

warranties imposed by law, arising automatically b/c the sale has been made

implied warranties

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

person who writes his/her name on the back of an instrument

endorser

evidences of ownership of personal property such as stock of corporations, checks, and copyrights

intangible personal property

a decision of a court of law

judgement

newest form of business ownership recognized in the U.S.; combines features of both the corporation and partnership

LLC

the amount of the damages stipulated in a contract to be paid in the event one party breaches the contract

liquidated damages

person who executes a promissory note

maker

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

stating an untrue fact

misrepresentation

items, required or proper and useful, for sustaining a human being at an appropriate living standard (food, clothing, shelter)

necessaries

failure to exercise ordinary care

negligence

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)