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20 Cards in this Set

  • Front
  • Back
Agreement
The manifestation of mutual assent on the part of two or more persons
Ambigous
adjective describing uncertainty of meaning or intention as in contract terms or statutory provisions
assumpsit
latin for "He Undertook". it refers to an express or implied promise, not under seal, by which one person undertakes to do some act or pay something to another. it is a common law action for breach of such a promise or breach of contract.
bargain
an agreement to exchange prmises to or exchange a promise for a perfromance or to exchange performances.
bargained for exchange
a transaction that transfer interests of the parties each in consideration for the other
Bargain principle
theory that a promise or performance that is negotiating for in exchange for a promise is the consideration for the promise. it includes the central belief that an agreement to exchange one thing for another gives rise to mutual obligation and that a "deal is a deal".
Stare Decisis
the doctrine of precedent under which it is necessary for a court to follow earlier judicial decisions when the same points arise again in litigation.
commonplace
something that is ordinary or trite.
common sense
the excercise of ordinary good reason and judgement. it refers to a familiarity with the rules and practies of a particular institution, school, family, hob or business.
contract
a promise or set of promises for the breach which the law gives a remedy or the performance of which the law in some way regards as a duty.
doctrine
principle of law established through past decisions
economics
a social science concerned with the description and analysis of the production, distribution and consuption of goods and services.
silage
fermented high moisture fodder that can be fed to cud chewing animals like cattle or sheep. It is high in energy and is easily digested.
express terms
are the intended agreements articulated by the parties to a contract, either orally or in writing.
farmout
the outsourcing of work. it is an agreement bu which one who owns an oil or gas lease or other property capable of being made productive agrees to assign to another an interest in the property in return for doing the work necessary to make the property productive.
foreseeability
the quality of being reasonably anticipatable.
gratuity
a gift given voluntarily abd beyond obligation, usually in retorn for or in anticipation of some service.
reliance principle
provides that a person who has been injured by reasonably trusting or depending upon the promise of another ought to be compensated for that injury.
inter alia
latin for among other things
Law
the regime aggregating legislation, judicial precedents, and accepted articulations of authoritative grounds of judicial and administrative action to order human activities and relations through systematic application of the force of politically organized society, or through social pressure, backed by force in sucha society.