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Exam (elaborations)

BLAW Final Mcinturff – Questions With Objective Solutions

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BLAW Final Mcinturff – Questions With Objective Solutions

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BLAW Final Mcinturff – Questions With Objective
Solutions

Four requirements for a valid contract Correct Answer - agreement,
consideration, capacity, and legality

Agreement Correct Answer - offer and acceptance, meeting of minds

Consideration Correct Answer - money, something of value or a promise

Contractual Capacity Correct Answer - Both parties entering into the
contract must have the contractual capacity to do so. The law must recognize
them as possessing characteristics that qualify them as competent parties.

Legality Correct Answer - The contract's purpose must be to accomplish
some goal that is legal and not against public policy.

Bilateral contracts Correct Answer - A type of contract that arises when
a promise is given in exchange for a return promise.

Unilateral Contract Correct Answer - A type of contract that results
when an offer can be accepted only by the offeree's performance.

Formal Contract Correct Answer - An agreement that by law requires a
specific form for its validity

Informal Contract Correct Answer - A contract that does not require a
specified form or formality in order to be valid.

Void Contract Correct Answer - A contract having no legal or binding
effect

Voidable Contract Correct Answer - A contract that may be legally
avoided at the option of one or both of the parties

Unenforceable Contract Correct Answer - A valid contract rendered
unenforceable by some statute or law.

, Ambiguity Correct Answer - When a court considers a contract to be
unclear, suspect to more than one meaning

Four Corners Rule Correct Answer - 1) Intent cannot be determined
2)lacks provision on a disputed issue
3) Term is susceptible to more than one interpretation
4) uncertainty about a provision

Extrinsic Evidence Correct Answer - Any evidence not contained in the
contract itself

Requirements of an Offer Correct Answer - Intent, reasonably certain
terms, and communication

Intent Correct Answer - Must be serious. Is what a reasonable person in
the offers position would conclude that the offeror meant

Reasonably Certain Terms Correct Answer - when terms are
enforceable, it is clear that the parties intended to be bound by the agreement

Communication Correct Answer - the offer must be communicated to the
offeree. One cannot agree without knowledge

Revocation Correct Answer - The withdrawal of a contract offer by the
offeror. Unless an offer is irrevocable, it can be revoked at any time prior to
acceptance without liability.

Counteroffer Correct Answer - An offeree's response to an offer in which
the offeree rejects the original offer and at the same time makes a new offer.

lapse of time Correct Answer - when an offer terminates automatically
by law when the period of time specified in the offer has passed.

death of a party Correct Answer - agent passes so offer terminates

Destruction Correct Answer - specific subject matter is destroyed before
the offer is accepted.

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