Explore tens of thousands of sets crafted by our community.
Contract Law Vocabulary
43
Flashcards
0/43
A term used to indicate a contract that lacks a required element and is therefore not legally binding.
Void Contract
A contract in which one party expressly agrees to an offer made by another.
Express Contract
The failure to perform a legal or contractual obligation or a failure to perform any obligation that forms part of a contract.
Breach of Contract
The ability of a party to understand and agree to the terms of a contract.
Capacity
A contract that lacks one or more of the necessary elements and may be set aside at the option of one of the parties.
Voidable Contract
A legally binding agreement between parties that requires one or more parties to refrain from doing certain things.
Restrictive Covenant
An implied term that recognizes that certain matters, so obvious, were naturally not explicitly mentioned or written into a contract.
Implied Term
A legal concept of fairness and the equitable treatment of parties in a contract.
Equity
A written or oral statement that is not part of the contract's main subject matter but is related to it.
Collateral Contract
An inflammatory or derogatory remark that provokes another party to breach a contract.
Duress
A type of contract where the terms are not expressly stated but can be inferred from the nature of the transaction or the conduct of the parties.
Quasi-Contract
An agreement where no money changes hands, but the value is provided in the form of a promise, act, or forbearance.
Nominal Consideration
A clause that seeks to limit the financial liability of a party in the event of a breach.
Limitation of Liability Clause
The person who makes the proposal in a contract.
Offeror
The cancellation of a contract and the return of the parties to the positions they would have been in if the contract had never been made.
Rescission
A scenario in which one party to a contract agrees to shoulder more responsibility or risk than they cannot actually handle.
Overreaching
The unlawful constraining of someone to act against their will by threatening physical, emotional, or economic harm.
Undue Influence
A contract that may be terminated by either party due to the breach of its terms by the other party.
Rescindable Contract
A requirement under the Statute of Frauds that certain types of contracts be written and signed.
Writing Requirement
A unilateral declaration that one will not fulfill an expected performance, leading to the anticipation of a breach of contract.
Anticipatory Repudiation
A doctrine that applies when a party reasonably relies on the promise of another party, resulting in a detriment to the party who relied on the promise.
Promissory Estoppel
Agreement to the terms of a contract without any objection or coercion.
Free Consent
A condition in which one party promises not to compete with another party in a specified type of business.
Non-Compete Agreement
The conclusion or termination of a contract due to the occurrence of a particular event or passage of time.
Discharge by Occurrence of a Condition
A promise that is unambiguous and doesn't require further clarification to be enforced.
Express Term
The method used by a non-breaching party to enforce their rights following a breach of contract, often through monetary compensation.
Remedies
An error in the substance of a contract that may provide grounds to invalidate the agreement.
Mistake
A modification to the original terms of a contract, agreed upon by all parties involved.
Novation
Legally binding promises made within a contract.
Covenants
Contracts that do not require a written agreement by statute and can be oral.
Unenforceable Contracts
A conditional stipulation that may trigger or negate the enforcement of a contract.
Condition Precedent
An untrue statement that leads one party to enter into a contract.
Misrepresentation
An agreement derived from acts or conduct of the parties, rather than explicit words.
Implied Contract
The act of intentionally deceiving another person, which results in injury or damage to the person.
Fraud
An equitable remedy in contract law that compels one party to execute their side of the agreement, particularly when monetary damages are insufficient.
Specific Performance
A mutual agreement between two or more parties that is enforceable by law.
Contract
An act of agreeing to an offer and its terms.
Acceptance
A clause that specifies the amount payable as damages in the event of a breach of contract.
Liquidated Damages Clause
An obligation created by the law for the sake of fairness or to resolve unjust enrichment, even when no true contract exists.
Contract Implied in Law
A contractual clause that releases one of the parties from all liabilities, regardless of who is at fault.
Exculpatory Clause
Money or a promise of something that can be measured in monetary value contributed by both parties to a contract.
Consideration
An element of contract law requiring that a contract not violate legal statutes or public policy.
Legality
An action or non-action that is promised for something else in return, which then becomes the basis of a contract.
Bargained-for Exchange
© Hypatia.Tech. 2024 All rights reserved.