Podcast
Questions and Answers
What must a mistake be to be considered relevant in a contract?
What must a mistake be to be considered relevant in a contract?
What does the term 'quasi contract' mainly aim to prevent?
What does the term 'quasi contract' mainly aim to prevent?
What is required for fraud to be considered relevant?
What is required for fraud to be considered relevant?
Which statement best defines duress?
Which statement best defines duress?
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What is the correct definition of a void contract?
What is the correct definition of a void contract?
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Which classification of contracts includes 'executed' and 'executory'?
Which classification of contracts includes 'executed' and 'executory'?
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What must an offer indicate to be valid?
What must an offer indicate to be valid?
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What does the term 'discharge' imply in a contract?
What does the term 'discharge' imply in a contract?
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What is an invitation to offer best described as?
What is an invitation to offer best described as?
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What does silence or inactivity typically indicate in a contract context?
What does silence or inactivity typically indicate in a contract context?
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What can a Letter of Intent (L.O.I.) do?
What can a Letter of Intent (L.O.I.) do?
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What defines a Principal in an agency context?
What defines a Principal in an agency context?
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What is the role of an agent?
What is the role of an agent?
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What is a Power of Attorney?
What is a Power of Attorney?
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When the principal is partially disclosed, what does the third party know?
When the principal is partially disclosed, what does the third party know?
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What does a sole agency mean for a principal?
What does a sole agency mean for a principal?
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Which of the following statements about agents and distributors is accurate?
Which of the following statements about agents and distributors is accurate?
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What do Memoranda or Terms of Agreement signify?
What do Memoranda or Terms of Agreement signify?
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Which statement is true about preliminary agreements?
Which statement is true about preliminary agreements?
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What does the term attorney commonly refer to?
What does the term attorney commonly refer to?
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Study Notes
Business Law Concepts
- Mistake (to be relevant): Must be mutual.
- Moral Rules: Legally non-binding.
- Quasi Contract: Intended to protect the weak party, avoid unjust enrichment.
- Fraud (to be relevant): Must cause injury to the other party.
- Unconscionability: The effect of drug or mental illness that renders a contract void.
- Duress: Physical violence, coercion (physical or mental), or threat of violence that deprives someone of free will.
- Undue Influence: Occurs when one party takes advantage of another due to their superior position, particularly in labor contracts.
- Capacity of the Parties: Necessary for a valid contract.
- Once a Contract is Closed: Parties are bound by the agreement; they can't change their minds unless the contract is voidable.
- Voidable Contract: Binding on one party only if the other party chooses to enforce it. Otherwise, the contract is not legally binding on both parties.
- Void Contract: Not binding on either party.
- Contracts Classification: Can be general/specific, direct/indirect, express/implied, bilateral/unilateral, executed/executory, valid/void/voidable, written/oral, formal/informal, registered/unregistered.
- Offer Requirements: Must be comprehensive, voluntary, indicate intent clearly and definitely, and communicated properly.
- Agent: A person authorized to act on behalf of another.
- Discharge: Termination or completion of the contract.
- Invitation to Offer: An invitation to make a proposal, not an offer itself.
- Silence or Inactivity: Not considered acceptance unless the offer states otherwise.
- Waiver: Voluntary and intentional relinquishment of a contract right.
- L.O.I. (Letter of Intent): Not a legally binding agreement, but may outline essential terms and contain binding provisions.
- Memorandum/Terms of Agreement: Sets out the terms of the negotiation process; not necessarily legally binding unless otherwise specified.
- Preliminary Agreements: Not legally binding; parties intend to reach an agreement later based on certain conditions.
- Principal: The person for whom an agent acts.
- Agent/Distributor: Often paid after a deal is closed.
- Attorney: A representative (typically a lawyer or solicitor).
- Power of Attorney: A written document authorizing someone to act on your behalf.
- Principal Disclosed/Partially Disclosed: Third parties know the agent's role and may or may not know the identity of the principal.
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Description
Test your understanding of key business law concepts including mutual mistake, fraud, duress, and the implications of contracts. This quiz will cover the legal principles that govern the validity and enforcement of contracts, clarifying how various factors affect their legality and binding nature.