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Contract Law Foundations
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Flashcards
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Injunction
A court order that legally prevents one of the parties from doing certain acts.
Acceptance
Acceptance is an unconditional agreement to the terms of the offer, communicated by the offeree to the offeror.
Delegation of Duties
One party to the contract can transfer its duties to perform to another party, but generally remains liable for any breaches.
Innominate Terms
Terms that are not clearly a condition or a warranty, where the remedy for breach depends on the nature of the damage caused.
Specific Performance
A court order compelling the breaching party to execute the contract, used when damages are not deemed an adequate remedy.
Mitigation of Damages
The obligation of the injured party to minimize the damages caused by the breach of contract.
Consideration
Consideration is the value exchanged between contracting parties, can be a benefit to one or a detriment to another, and must be legally sufficient.
Implied Terms
Terms that are not explicitly stated but are necessary to give effect to the parties' intentions as understood from the contract as a whole.
Remedies for Breach of Contract
Legal solutions to address a breach, including damages, specific performance, rescission, or injunction.
Quantum Meruit
A remedy allowing one party to recover the value of services rendered if a contract was partially performed then discharged.
Privity of Contract
Only parties to a contract are bound by it and can enforce its terms.
Discharge by Agreement
Parties may mutually decide to end the contract before the obligations are fully performed.
Rescission
The cancellation of the contract, with the aim to return the parties to their status before the contract.
Liquidated Damages
Amounts specified within a contract to be paid in the event of a breach, which must be a reasonable forecast of potential damages.
Mutuality of Obligation
Both parties in a contract must be bound to perform their obligations, or the law must provide a remedy if one party does not perform.
Form Required by Law
Some contracts must be in writing or follow a specific form to be enforceable (e.g., real estate transactions, contracts over a certain value).
Discharge by Frustration
A contract may be discharged if after its formation, events make performance impossible, illegal, or radically different.
Conditions and Warranties
These are the specific promises within a contract, with a condition being a fundamental term and a warranty being a less central one.
Exclusion Clauses
Clauses that attempt to exclude or limit the liability for certain breaches of contract.
Capacity
Capacity refers to the legal ability of a party to enter into a contract, generally meaning they are of sound mind, not a minor, and not under any disqualification by law.
Discharge by Performance
A contract is discharged when both parties fulfill their contractual obligations.
Express Terms
Express terms are specifics the parties explicitly agree to, either orally or in writing, within their contract.
Unliquidated Damages
Damages for breach that were not predetermined by the contract, quantified by the court.
Offer
An offer is a clear proposal made by one party (the offeror) to another (the offeree) to enter into a contract, which is capable of acceptance.
Intent to Create Legal Relations
Both parties must have the intention to enter into a legally binding agreement.
Assignment of Rights
One party can transfer its benefits from the contract to another person, but usually cannot assign the obligations without consent.
Legality of Object
The subject matter of the contract must be legal and not against public policy.
Novation
A three-party agreement where a new party replaces an original party in the contract, releasing the original party from the obligations.
Discharge by Breach
Occurring when one party fails to fulfill their contractual obligations without lawful excuse, allowing the other party to end the contract.
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