Udc Contracts I Vocabulary Alexander Set 2

Front 1

meretricious

Back 1

adj: Something that is tawdrily attractive or based on pretense or insincerity.

Front 2

doctrine of misunderstanding

Back 2

that there is no manifestation of mutual assent to an exchange if the parties attach materialy different meanings to their manfiestations and neither party knows or has reason to know the meaning attached by the other party.

Front 3

unjust enrichment

Back 3

is the retention of an benefit confered by another without offering compensation in circumstances where compensation is reasonably expected. it is a benefit obtained from another not intended as a gift and not legally justifiable for which the beneficiary must make restititution or recompense.

Front 4

neoclassical economic model

Back 4

most closely associated to the bargain principle unlike the doctrine of laissez-faire propounds a role for law in facilitating and regulating market trnasactions. it is based on the assmptions that people have access to perfect information, that they and their resources are freely movable that they rationally act in their own self interest without artcial restrictions on entry to the marketplace and the current distribution of wealth is taken as a given and is regarded as fair and equitable given reality.

Front 5

objective theory of interpretation

Back 5

provides that words and conduct should be intereted according to the understanding of a reasonable person.

Front 6

officious

Back 6

describes the volnteering of ones services where they are neither requested nor needed

Front 7

politics

Back 7

science of the organization and administration of the state or the activity or profession of engaging in establishing the policies governing the affairs of the state.

Front 8

precedent

Back 8

the making of law by a court in recognizing and applying new rules while administering justice.a precedent is a decided case that furnishes a basis for deterining later cases involving similiar facts.

Front 9

rebuttable presumption

Back 9

an assumption made by a court, one that is taken to be true unless someone comes forward to contest it and prove otherwise

Front 10

principles

Back 10

basic rules, law or doctrine.

Front 11

Promise

Back 11

manifestations of an intention to act or refrain from acting in a specified manner, conveyed in such a way that another is justified in understanding that a commitment has been made

Front 12

promissary estoppel

Back 12

the principle that a promise made without consideration may nonetheless be enforced to prevent injustice, if the promisor should have reasonably expected the promisee to rely on the promise and if the promisee did actually rely on the promise to their detriment.

Front 13

quasi contract

Back 13

an obligation created by law for the sake of justice; sepcifically an obligation imposed by law because of some special relationship between the parties or because one of them would be unjustly enriched. it is not actually a contract but a remedy that allows the plaintiff to recover a benefit conferred on the defendant.

Front 14

relational contracts

Back 14

do not settle all important terms but establish a framework within which the parties compose their disputes. collective bargaining agreements are relational contracts.

Front 15

restitution principle

Back 15

holds that one who violates a duty or commits some wrong ought to be required to repair any injury she or he has caused. it is closely associated with the idea that one ought to pay for a benefit unjustly retained.