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27 Cards in this Set
- Front
- Back
agent
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someone who has the authority to act for another under certain circumstances
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contract
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an agreement, written or unwritten, between two parties that creates an obligation under specific circumstances
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offer
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a proposal to perform a certain action or pay a specified amount.
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consideration
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something promised that results in making an agreement a lawful contract.
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remedies
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legal ways to correct or prevent a wrong or to enforce a right.
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specific performance
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the remedy of carrying out a contract as specified.
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injunctive relief
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remedy provided by a court decision preventing or requiring someone to perform a particular action.
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implied contract
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not indicated by direct words but evident from the conduct of the parties.
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express contract
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clear, definitive agreement between two or more parties.
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warranty
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a promise that certain facts are truly represented.
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minors
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persons who are under the legal adult age.
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incompetents
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those who lack the necessary qualifications to perform a duty.
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guardian
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a person lawfully entrusted to take care of the person, property, and rights of someone incapable of managing his or her own affairs.
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statute of frauds
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the provision that no suit or action shall be maintained concerning a particular type of contract unless there is a memorandum of that contract signed by the person to be charged or by his or her authorized agent.
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mutual assent
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common agreement of both parties.
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legal disability
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no legal capacity for mutual assent.
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age of majority
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the full legal age determined by varying state statutes.
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emancipated minor
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someone under age eighteen who is completely self supporting.
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mature minor
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a minor capable of appreciating the nature, extent and consequences of his or her (medical) treatment.
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mental incompetence
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lack of reasoning faculties that are needed to enable someone to deal with the ordinary affairs of life.
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insane
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sufficiently mentally deranged to affect one's capacity for rational judgement.
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conservator
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a court-appointed person given authority to manage the financial affairs of an incompetent person.
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undue influence
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any improper persuasion to make someone act differently form his or her own will.
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principal
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the employer, or source of authority, of the agent, or employee.
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abandon
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to give up or cease doing.
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indigent
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lacking sufficient means to support oneself or anyone for whom one is responsible.
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memorialize
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to have a doctor write a letter to a patient who wishes to discharge him or her in which the doctor documents reasons for the patient's desire to change physicians. The letter is sent by certified mail with return receipt requested.
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