Intermediate Business Contract Law Flashcards (63 cards)

All cards

1Question

How does the objective standard judge a party’s assent?

Answer

By how it reasonably appears to a third party.

2Question

What three requirements must an offer satisfy?

Answer

Communication to the offeree, intent to contract, and sufficiently definite terms.

3Question

What may a court do when an offer’s terms are incomplete?

Answer

Fill in the missing terms.

4Question

What events can terminate an offer?

Answer

Lapse, revocation, rejection, counteroffer, death or incompetency, destruction of the subject matter, or subsequent illegality.

5Question

What effect does physical compulsion have on assent?

Answer

It makes assent void.

6Question

What effect does an improper threat have on a contract?

Answer

It makes the contract voidable.

7Question

What elements must be present for fraud?

Answer

A false material representation, knowledge of its falsity, intent to deceive, and justifiable reliance.

8Question

What effect does fraud in the execution have on a contract?

Answer

It makes the contract void.

9Question

What effect does fraud in the inducement have on a contract?

Answer

It makes the contract voidable.

10Question

What does consideration require in an enforceable exchange?

Answer

A legal benefit to the promisor or a legal detriment to the promisee.

11Question

Why does an existing legal obligation fail to support a contract modification?

Answer

It provides no new consideration.

12Question

Which existing obligations cannot provide new consideration for a modification?

Answer

Preexisting public or contractual obligations.

13Question

Can partial payment of an undisputed, liquidated debt discharge the debt?

Answer

No; it is insufficient to discharge the debt.

14Question

What effect can partial payment have on a disputed, unliquidated debt?

Answer

It is sufficient to discharge the debt.

15Question

What can promissory estoppel substitute for to enforce gifts?

Answer

Consideration.

16Question

What cases will courts refuse to hear under the illegal-bargains rule?

Answer

Cases involving violations of statutes or public policy.

17Question

Which public-policy grounds make bargains illegal?

Answer

Restraint of trade, restrictions on competition, exculpatory clauses, and unconscionable contracts.

18Question

Which competition restrictions are public-policy grounds for illegal bargains?

Answer

Restrictions on competition in the sale of a business or employment.

19Question

Which three groups have special contractual-capacity rules?

Answer

Minors, incompetent persons, and intoxicated persons.

20Question

When may a minor disaffirm an unratified contract?

Answer

While a minor or within a reasonable time after reaching majority.

21Question

What ages define minority under the stated rule?

Answer

Under 18 or 21, depending on the state.

22Question

What is the contractual status of a contract made by a person under guardianship?

Answer

It is void.

23Question

What does the Statute of Frauds specify about contract writing?

Answer

It specifies contracts that must satisfy writing requirements.

24Question

Which agreements fall within the Statute of Frauds?

Answer

Suretyship promises, personal promises by an executor or administrator for a decedent, agreements in consideration of marriage, transfers of interests in land, and agreements not performable within one year.

25Question

Who must sign a writing subject to the Statute of Frauds?

Answer

The party to be charged.

26Question

What must a writing subject to the Statute of Frauds specify?

Answer

The parties, the subject matter, and the essential terms.

27Question

Must both parties sign a writing subject to the Statute of Frauds?

Answer

No; only the party to be charged must sign.

28Question

What does the Parol Evidence Rule exclude from written contracts?

Answer

Oral agreements that would change the written contract’s terms.

29Question

Which type of contract condition is most common?

Answer

Concurrent conditions.

30Question

Which type of contract condition is rarest?

Answer

Conditions subsequent.

31Question

Which events may discharge a contract through performance or breach?

Answer

Performance, material breach, prevention of performance, or non-material breach with substantial performance.

32Question

What position do compensatory damages aim to restore the injured party to?

Answer

The position they would have occupied had there been no breach.

33Question

What case illustrates foreseeability as a limit on damages?

Answer

Hadley v. Baxendale.

34Question

What does mitigation require of someone who has been fired?

Answer

Trying to find another job.

35Question

Which equitable remedies are listed for contract disputes?

Answer

Specific performance, injunctions, and restitution.

36Question

How are preliminary negotiations and advertisements generally classified?

Answer

As non-offers.

37Question

Which contract types are identified as offers?

Answer

Output and requirements contracts.

38Question

What can an option contract do to an offeror’s power to revoke?

Answer

Restrict revocation.

39Question

When is acceptance generally effective, and what can alter that rule?

Answer

On dispatch, unless the offer changes the rule.

40Question

How is an opinion distinguished from a factual representation?

Answer

By contrasting an expert with a salesperson.

41Question

What effect does a mutual mistake have on a contract?

Answer

It makes the contract voidable.

42Question

Must consideration be equal in value to the promise received?

Answer

No; courts do not require equal value.

43Question

Why is past consideration unenforceable?

Answer

It is not contemporaneous with the promise.

44Question

Which four types of statutes are identified as grounds for illegal bargains?

Answer

Licensing, gambling, usury, and Sunday statutes.

45Question

What maximum-interest restriction do usury statutes impose?

Answer

They limit the maximum interest rate.

46Question

What commercial activity do Sunday statutes prohibit?

Answer

Commercial business on Sunday.

47Question

What may a sale-of-business restraint specify?

Answer

Time and area.

48Question

Which matters may employment restraints address?

Answer

Competition during or after employment, customer lists, or trade secrets.

49Question

What must a minor return after disaffirming a contract?

Answer

Received property, in whatever condition it is in, for a full refund.

50Question

What responsibility does a minor have for damage after misrepresenting age?

Answer

The minor is responsible for property damage.

51Question

How can a minor ratify a contract through conduct?

Answer

By using or selling the property.

52Question

When may a minor disaffirm a contract for necessaries?

Answer

A minor cannot disaffirm for necessaries actually furnished and used or consumed.

53Question

What doctrine provides an exception to the suretyship rule?

Answer

The main-purpose doctrine.

54Question

How do courts attempt to interpret contracts?

Answer

In accordance with the parties’ intent.

55Question

What type of performance occurs when a deed and payment are exchanged at closing?

Answer

Concurrent performance.

56Question

What may an express condition depend on regarding a contracting party?

Answer

The party’s satisfaction.

57Question

How may a contracting party’s satisfaction be assessed?

Answer

Subjectively or objectively.

58Question

How may parties discharge a contract by mutual agreement?

Answer

By mutual rescission or accord and satisfaction.

59Question

Which events discharge a contract by operation of law?

Answer

Impossibility, destruction of the subject matter, or subsequent illegality.

60Question

What types of losses can monetary damages include?

Answer

Loss of value, incidental damages, and consequential damages when applicable.

61Question

What do punitive damages punish in contract cases?

Answer

Malicious conduct.

62Question

How often are punitive damages awarded in contract cases?

Answer

Rarely.

63Question

When do parties agree to liquidated damages?

Answer

In advance, in the contract.

Test yourself with the quiz

Answer 24 questions on Intermediate Business Contract Law.

1. A party privately intends not to make a deal, but communicates and behaves in a way that would reasonably signal agreement to an outside observer. How does the objective standard assess assent?

2. A proposal is communicated to its recipient and shows intent to contract, but leaves one term unspecified. What additional requirement determines whether it can qualify as an offer?

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