LEGL 3000 Chapter 8 – Flashcards

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​Some promises are not legally binding.
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​Resolving whether a promise should be enforced is a function of contract law.
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A party's intent to enter into a contract is judged by their personal, subjective intent or belief.
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​If a contractual promise is not fulfilled, the person who made it may be required to perform the promised act.
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The only requirement of a valid contract is that it be voluntarily entered into.
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Every contract involves at least three parties.
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"Consideration" refers to the voluntary consent of all of the parties to a contract.
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One of the elements of a valid contract is a fair price.
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​A bilateral contract comes into existence at the moment an offer is made.
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​An offer to form a unilateral contract is accepted by a promise to perform.
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​A contract can be created only when a promise is given in exchange for another promise.
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No offer may be revoked before it is accepted.
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Informal contracts are usually based on their substance rather than their form.
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​An express contract must be in writing.
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An implied contract is not an actual contract.
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Informal contracts include all contracts other than formal contracts.
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In an express contract, the terms are fully stated in words.
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An implied contract is implied from the words of the parties.
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An executory contract is one that has been fully performed.
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An executed contract is one that has been fully performed.
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If a voidable contract is avoided, the parties to it are released from it.
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A void contract is enforceable if it is in writing.
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An unenforceable contract is one that cannot be enforced because of certain legal defenses against it.
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A void contract produces legal obligations on the parties but is not otherwise enforceable.
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A quasi contract is a true contract.
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A party who confers a benefit on someone else unnecessarily can invoke the principle of quasi contract to recover the cost.
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The doctrine of quasi contract can be used only when there is an actual con-tract that covers the matter in controversy.
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Plain language laws regulate some types of contracts to require "legalese."
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A reasonable, lawful, and effective meaning will normally be given to all of a contract's terms.
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When the words in a contract have more than one meaning, they are cut from the contract.
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