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1. Promissory Estoppel: - The defendant made a clear and unambiguous promise.
- The plaintiff acted in reliance on the defendant's promise.
- The plaintiff's reliance was reasonable and foreseeable.
- The plaintiff suffered an injury due to reliance on the defendant's promise.
2. Consideration: Every contract requires consideration on both sides. 1. A bargained for exchange between the
parties 2. That which is bargained for must be of legal value.
3. Illusory Promise: A promise that is not really a promise and not really binding on one of the parties. *No
mutuality, you have illusory promise
4. Legally Dispositive Facts: a fact that, if proven with necessary certainty, resolves a legal dispute on its
own
5. Holding: Also the conclusion. A court's decision on a matter of law in civil procedure.
6. Contemporaneous Agreement: a legal document between at least two parties that governs the terms
and conditions of events occuring simultaneously. (Ex: John agrees to sell his car to Jane for $10,000, but only if Jane
agrees to pay him the full amount at the time of the sale)
7. Parol Evidence: any agreement that is not contained within the written contract
8. Test for Legal Value: A contract is considered supposed by legal value if: 1. The promisee suffers a legal
detriment, or 2. The promisor receives a legal benefit
9. Stary Decisis: "to stand by things decided" in Latin. When a court faces a legal argument, if a previous court
has ruled on the same or a closely related issue, then the court will make their decision in alignment with the previous
court's decision.
10. Testator: one who makes and executes a last will and testament
11. Executor: someone named in a will as the person who will carry out the testator's formal wishes
12. Unilateral Offer: an offer which may be withdrawn without notice, before acceptance by the other party.
13. Performance: fulfillment of one's obligations required by contract
14. Specific Performance: an equitable remedy in the law of contract, whereby a court issues an order
requiring a party to perform a specific act, such as to complete performance of the contract
15. Demurrer: even though the facts stated in the complaint might be true, there is no legal basis for the
complaint. Motion to dismiss
16. General Demurrer: Objects on the grounds of legal insufficiency.
17. Restatement: Expressing the same idea in different words to clarify and stress key points
18. Forbearance: patient self-control; restraint and tolerance
19. Mutual Assent: offer and acceptance
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Study online at https://quizlet.com/_hyevbi
1. Promissory Estoppel: - The defendant made a clear and unambiguous promise.
- The plaintiff acted in reliance on the defendant's promise.
- The plaintiff's reliance was reasonable and foreseeable.
- The plaintiff suffered an injury due to reliance on the defendant's promise.
2. Consideration: Every contract requires consideration on both sides. 1. A bargained for exchange between the
parties 2. That which is bargained for must be of legal value.
3. Illusory Promise: A promise that is not really a promise and not really binding on one of the parties. *No
mutuality, you have illusory promise
4. Legally Dispositive Facts: a fact that, if proven with necessary certainty, resolves a legal dispute on its
own
5. Holding: Also the conclusion. A court's decision on a matter of law in civil procedure.
6. Contemporaneous Agreement: a legal document between at least two parties that governs the terms
and conditions of events occuring simultaneously. (Ex: John agrees to sell his car to Jane for $10,000, but only if Jane
agrees to pay him the full amount at the time of the sale)
7. Parol Evidence: any agreement that is not contained within the written contract
8. Test for Legal Value: A contract is considered supposed by legal value if: 1. The promisee suffers a legal
detriment, or 2. The promisor receives a legal benefit
9. Stary Decisis: "to stand by things decided" in Latin. When a court faces a legal argument, if a previous court
has ruled on the same or a closely related issue, then the court will make their decision in alignment with the previous
court's decision.
10. Testator: one who makes and executes a last will and testament
11. Executor: someone named in a will as the person who will carry out the testator's formal wishes
12. Unilateral Offer: an offer which may be withdrawn without notice, before acceptance by the other party.
13. Performance: fulfillment of one's obligations required by contract
14. Specific Performance: an equitable remedy in the law of contract, whereby a court issues an order
requiring a party to perform a specific act, such as to complete performance of the contract
15. Demurrer: even though the facts stated in the complaint might be true, there is no legal basis for the
complaint. Motion to dismiss
16. General Demurrer: Objects on the grounds of legal insufficiency.
17. Restatement: Expressing the same idea in different words to clarify and stress key points
18. Forbearance: patient self-control; restraint and tolerance
19. Mutual Assent: offer and acceptance
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