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Essential Contract Law Terms

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Offer

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An expression of willingness to contract on specific terms, made with the intention that it shall become binding as soon as it is accepted by the person to whom it is addressed.

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Acceptance

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The unqualified assent to the terms of an offer, resulting in a binding contract.

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Consideration

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Something of value that is given by both parties to a contract that induces them to enter into the agreement to exchange mutual performances.

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Capacity

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The legal ability of a person to enter into a contract.

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Duress

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Compulsion, force or coercion applied to someone to compel them to act against their will or to enter into a contract.

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Undue Influence

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Improper pressure exerted on a person to coerce them into a contract that significantly benefits another party.

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Breach of Contract

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A violation of any of the agreed-upon terms and conditions of a binding contract.

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Damages

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A sum of money the law imposes for a breach of some duty or violation of some right.

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Specific Performance

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A legal action to compel a party who has breached a contract to perform the contract as promised.

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Indemnity

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A contractual obligation of one party to compensate the loss incurred to the other party due to the acts of the indemnifier or any other party.

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Warranty

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A written guarantee, issued to the purchaser of an article by its manufacturer, promising to repair or replace it if necessary within a specified period of time.

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Void Contract

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A contract having no legal force or binding effect.

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Voidable Contract

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A contract that is valid until one party exercises their right to rescind or cancel the contract due to certain defects.

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Unenforceable Contract

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A valid contract that cannot be enforced due to certain legal defenses.

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Express Contract

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A contract in which the terms of the agreement are stated clearly, orally or in writing.

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Implied Contract

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A contract formed in whole or in part from the conduct of the parties.

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Executed Contract

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A contract that has been fully performed by all parties.

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Executory Contract

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A contract in which not all obligations have been performed by one or more parties.

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Statute of Frauds

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A legal concept that requires certain types of contracts to be executed in writing and signed by all parties involved to be enforceable.

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Liquidated Damages

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A predetermined sum agreed upon by the parties to a contract to be paid in the event of a breach of the contract.

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Rescission

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The revocation, cancellation, or repeal of a contract by mutual consent of the parties or for cause by either party.

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Novation

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The act of replacing one party in a contract with a new party, or replacing one contractual obligation with a new obligation, with the consent of all parties involved.

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Injunction

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A judicial order that restrains a person from beginning or continuing an action threatening or invading the legal right of another, or that compels a person to carry out a certain act.

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Arbitration

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A method of dispute resolution involving one or more neutral third parties who are usually agreed to by the disputing parties and whose decision is binding.

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Mediation

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A form of alternative dispute resolution in which a neutral third party assists the parties in reaching a voluntary, negotiated resolution.

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Tort

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A wrongful act or an infringement of a right (other than under contract) leading to civil legal liability.

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Negligence

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A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.

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Joint and Several Liability

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A legal doctrine under which each party is responsible for the entire amount of the judgment or debt if the other parties responsible cannot pay.

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Restitution

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An order by a court to a party to restore to another party to return the exact object or its value that was wrongly taken from him.

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Equitable Remedy

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A remedy allowed by courts in situations where remedies at law, such as monetary damages, are not appropriate.

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