VERIFIED
1. what is a contract s legally enforecable agreement
-did the defendant promise to do something?
-is it fair to make her honor her word?
-are there unsual reasons to hold her liable?
2. 7 key characteristics that -otter
must be present to make a -acceptance
contract enforceable -consideration
-legality
-capacity
consent
-writing (for some)
3. noncompetition agreement contract in which one party agrees not to compete with another
(Davis v Mason 1792)
4. bilateral contract a promise made in exchange for another promise (most contracts
are bilateral)
5. unilateral contract one party makes a promise that the other party can accept only by
actually doing something (contingent on some action)
6. executory contract an agreement in which one or more parties has not yet fulfilled
its obligations
7. executed contract an agreement in which all parties have fulfilled their obligations
8. unenforceable contract occurs when the parties intended to form a valid bargain, but a
court declares that some rule of law prevents enforcing it
9. voidable contract an agreement that may be terminated by one of the parties
10. void agreement an agreement that neither party can enforce, because that bargain
is illegal or one of the parties had no legal authority to make it
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, BLAW 2301 EXAM 2 COMPLETE QUESTIONS AND ANSWERS 100%
VERIFIED
11. express contract an agreement with all important terms explicitly stated
12. implied contract an agreement in which the words and conduct of the parties
indicate that they intend an agreement
13. uniform commercial code Body of laws governing commercial transactions in the United
(UCC) States.
14. article 2 UCC sale of goods
15. how to enforce non-con- promissory estoppel
tracts quasi-contract
16. promissory estoppel the defendant made a promise that the plaintitt relied on
17. in promissory estoppel, the (in a case with no valid contract) the plaintitt can prove promissory
injured plaintiff must prove estoppel if there is promise, reasonable reliance, and injustice
18. quasi-contract the defendant received benefit from the plaintitt and retaining
that benefit would be unfair
19. in quasi-contract, the injured (in a case with no valid contract), the plaintitt can prove quasi-con-
plaintiff must prove tract if there is benefit to the defendant, reasonable expectation
of payment, and unjust enrichment
20. when can a plaintiff use -when the defendant made a promise knowing that the plaintitt
promissory estoppel? would likely rely on it
-the plaintitt did rely on the promise
-the only way to avoid injustice is to enforce the promise
21. when can a plaintiff use qua- -the plaintitt gave some benefit to the defendant
si-contract? -the plaintitt reasonably expected to be paid for the benefit and
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