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66 Cards in this Set
- Front
- Back
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A contract is ____ if the offerors promise is answered with the offerees promise of acceptance. |
Bilateral contract |
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Yvonne finds a carpenter to do some repairs for her house and tells him that if he finishes the job within Saturday, she would pay him $1000. This offer creates a ______ contract. |
unilateral contract |
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A contract that has been fully performed on both sides is called an ______ contract |
executed |
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An oral agreement to purchase a neighbors bicycle is a _____ contract |
Express |
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A(n) __________ is a voluntary exchange of promises between two or more legally competent persons to do, or refrain from doing, an act. |
Agreement |
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which of the following statements is true of an offer that was not communicated? |
The offer cannot be accepted by the offeree if not communicated |
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which of the following is true for legally claiming a reward |
knowledge of the reward before completing the requested act is necessary to claim the reward |
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a(n) ______ is a withdrawal of an offer by the offeror that terminates the offer. |
revocation |
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which of the following statements is true about a counteroffer? |
a counteroffer terminates the existing offer. |
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_________is a manifestation of assent by the offeree to the terms of the offer in a manner invited or required by the offer as measured by the objective theory of contracts |
Acceptance |
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The legal power to accept an offer belongs to the |
offeree |
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Pete has two houses that he plans to sell, numbered lot 1 and lot 2. each priced at $800,000. David has shown interest in buying lot 2, but could not make up his mind on the final offer, so he asks peter to give him a week top decide and peter accepts. but David takes two weeks to get back to Peter with a counteroffer. Before he could give david a reply to his counteroffer, peter is killed in a fire that burned down lot 1. which of the following would be true of this case? |
the offer is terminated due to death of the offeror |
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the _______ states that an acceptance is effective when it is dispatched, even if it is lost in transmission. |
Mailbox rule |
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_______ is an equity doctrine that permits a court to order enforcement of a contract that lacks consideration |
promissory estoppel |
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which of the following can convert a gift promise into an enforceable promise? |
if the promisor offers a consideration |
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with regards to unenforceable contracts, an extortion call in which a man agrees to pay money in return for his families safety would be considered as a(n) __________ |
illegal consideration |
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Dean Campanella is a detective with the California state police. During the investigation of a missing child, Campanella found new clues that led to the capture of a serial killer involved in another case. Since Campanella was not involved in the serial killer case, and found the clues while investigating another case, Campanella demanded a special reward from the state police department for helping catch the killer. but his demand was declined citing lack of consideration. Campanella demand lacks consideration under which of the following? |
Preexisting duty |
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A contract in which a seller agrees to sell all of its production to a single buyer is known as a(n)__________ |
Out put contract |
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The _________ is a legal principle that allows minors to cancel most contracts they have entered into with adults. |
infancy doctrine |
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16 year old Frank bought a video game console from john for $150. Frank is a minor, while John is a competent adult. A month later, the console started malfunctioning on its own. Frank returned the console to john. If Frank dis affirms his contract with john for buying the console, which of the following will be considered true? |
Frank can reclaim full refund of the amount he paid |
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Which of the following is true of a minors duty towards a contract for necessaries of life? |
minors must pay the reasonable value of necessaries of life for which they contract. |
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Which of the following is rue of a contract where one of the parties is insane but not adjudged insane? |
The contract is only voidable by the insane person |
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a(n) _____________is a contract that courts refuse to enforce in part or at all because it is so oppressive or manifestly unfair as to be unjust |
unconscionable contract |
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Which of the following is true of a unilateral mistake? |
only one party is mistaken about a material fact regarding the subject matter of a contract. |
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John buys a watch for $100 at a vintage store. Later, the store learns that the watch was worn by Sean Connery in a James Bond movie and wishes to rescind the sales contract they have with John. Which of the following statements is true in this regard? |
The store cannot rescind or void the contract |
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Parties to a contract agree in advance to pay ______damages if the contract is breached. |
Liquidated |
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When Stella Finman got to know that she was terminally ill, she drafted a will leaving all her property to her son. During her period of illness, Stella was financially and emotionally supported by her lawyer as her son was mostly away. When the will was read upon her death, it said that her lawyer would get a 20 percent stake in Finman Corp. a company stella owned. upon investigation, it was revealed that stella lawyer took advantage of stellas weakness and persuaded her to change the contractual terms. this is an instance of _________ |
Undue influence |
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The doctrine of _______ allows the court to order an oral contract for the sale of land or transfer of another interest in real property to be specifically performed if it has been partially performed and performance is necessary to avoid injustice. |
Part performance |
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Any oral or written words outside the four corners of a written contract are termed as ________ |
Parol evidence |
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Kevin goes to the store to purchase a fully-automatic washing machine. He browses through several models of washing machines but does not let the salespersons know that he was a fully-automatic model. while signing the sales contract, he does not notice that the model he is purchasing is semi automatic machine. after purchase, which of the following options does kyle have? |
Keep the semi automatic washing machine as he made a unilateral mistake. |
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_________is the act of a minor after he or she has reached the age of majority, by which he or she accepts a contract entered into when he or she was a minor. |
Ratification |
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Poweroxi inc. Produces rocket propellant fuel that is used in space shuttles. NASA is an agency that requires rocket propellant fuel to send its rockets to space. NASA enters into a contract with Poweroxi INC. To purchase all of the propellant fuel it will need this year from Poweroxi. What would this contract be an example of? |
Requirements Contract |
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Corey Desperately needs to get to the airport and decides to take his neighbor Tanners help. Tanner agrees to help and drives corey to the airport. Upon arrival at the airport, Corey promises to pay tanner $25 towards gas money. Which of the following would have made the contract between. |
If the promise to pay gas money had been made before the trip was made. |
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Which of the following is true of a gift promise? |
A completed gift promise cannot be cancelled for lack of consideration |
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The mirror image rule states that_________ |
The offeree must accept the terms as stated in the offer |
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Jennifer had put up a reward offer, in the local newspaper, for her lost watch for two weeks now. But after buying a new watch, Jennifer decided to not pursue her old watch, and so decided not to put up the reward offer in the third week. Betty, who found the watch, and saw the reward offer, returned the watch to Jennifer during the third week. Which of the following would be true about Betty receiving or not receiving the reward?
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Betty can claim the reward because Jennifer had not published a notice of revocation.
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A response by an offeree that contains terms and conditions different from or in addition to those of the offer is called a(n) ________.
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counteroffer
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________ is a doctrine that permits judges to make decisions based on fairness, equality, moral rights, and natural law.
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Equity
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Martha contacts a bakery to get a cake for her son's birthday party. She tells the baker that she will pay him $150 for the cake if he delivers the cake on Friday evening. If the baker does not deliver the cake on Friday evening, which of the following will hold true?
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Martha cannot sue the baker
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Windsor, the owner of Windsor's Sandwiches contacts a new supplier Gary. He tells Gary that he will pay him $375 if Gary delivers 20 pounds of cheese the following morning. Gary promises to make the delivery as requested by Windsor. This creates a ________ contract between them.
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bilateral
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Which of the following is true of specific performance?
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Specific performance of personal service contracts is not granted.
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Kinlin, a furniture retailer has a contract with William Luellin, a carpenter. The agreement states that Luellin must deliver five tables and that Kinlin would pay $2,000 per table. However, Luellin manages to deliver only four tables and Kinlin needs to buy the fifth table from another supplier for $3,000. How much money can Kinlin recover from Luellin?
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$1,000
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What is Stare Decisis? |
Precedence, Prior court decisions are the rule |
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First amendment does what? |
Protects freedom of speech -freedom of press Protects freedom of religion -Free exercise -free establishment |
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what is the Form selection clause? |
one party can state in the contract where court case will be held and what laws will apply in the case of a a law suit. |
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What constitutes as Assault? |
-reasonable apprehension -intent -causation (you are the reason it happened) |
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What constitutes as Battery? |
-unauthorized harmful or offensive physical contact -with intent -causation |
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define defamation |
-untrue statement of fact -published to a third party sidenote:libel is written slander is spoken |
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False imprisonment |
intentional confinement without authority and without consent |
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Negligence : Duty of care |
The obligation people owe each other not to cause any unreasonable harm or risk of harm
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Negligence: Breech of duty |
A failure to exercise care or to act as a reasonable person would act.
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Negligence: Causation |
Actual cause: “But for” test. But for the defendant’s conduct, would the accident have happened?
Proximate cause: A point along the chain of events after which the negligent party is no longer legally responsible for the consequences of his or her actions. Reasonably foreseeable test. |
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Strict liability is? |
no matter what precautions you take you are still liable |
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What is vicarious liability? |
you can be held reliable for another persons actions (i.e. parent for child, bartender for drunk, employer for employee, teacher for student) |
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What are the elements of Robbery? |
-Taking by force or threat -intent to keep |
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What are the elements of larceny? |
-Taking without force or threat -intent to keep |
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What are the elements of burglary? |
- breaking and entering -intent to commit a crime inside |
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What are the elements of arson? |
-will-full or malicious burning of another property (dwelling place) |
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What torts are intentional? |
-assault -battery -Robbery -larceny -burglary -arson |
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What are the elements of Negligence |
duty, breech, causation, damages |
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What are the elements of a contract? |
offer, acceptance, consideration |
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what is an offer? |
A manifestation of interest of entering into a bargain. |
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What is acceptance? |
Manifestation of assent of the offeree to the terms of the offer |
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What is consideration? |
Something of legal value given in exchange for a promise. |
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What is considered unlawful search and seizure? |
a officer doesn't have a warrant, and there is no disqualifying evidence (plain sight, touch, smell, abandoned, emergency, hot pursuit, destruction of evidence, clerical error, consent, ) |
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When do Miranda rights kick in? |
When you feel like you can no longer leave the premises. |
