Podcast
Questions and Answers
For a mistake to be relevant, it must be:
For a mistake to be relevant, it must be:
- Material (correct)
- Mutual (correct)
- Unilateral
Moral rules are:
Moral rules are:
- Neither a) nor b)
- Legally non-binding rules (correct)
- Legally binding rules
Quasi contracts are intended to:
Quasi contracts are intended to:
- Protect the weak party
- Neither a) nor b)
- Avoid unjust enrichment (correct)
For fraud to be relevant, it must:
For fraud to be relevant, it must:
Unconscionability is:
Unconscionability is:
Duress is:
Duress is:
Capacity of the parties is a requirement of:
Capacity of the parties is a requirement of:
When a contract is closed, the parties are:
When a contract is closed, the parties are:
In case of a voidable contract, the contract is:
In case of a voidable contract, the contract is:
A void contract is:
A void contract is:
Contracts can be classified as follows:
Contracts can be classified as follows:
An offer must:
An offer must:
An agent is:
An agent is:
Discharge means:
Discharge means:
An invitation to offer is:
An invitation to offer is:
Silence or inactivity cannot be deemed as:
Silence or inactivity cannot be deemed as:
A waiver is:
A waiver is:
A letter of intent (LOI) is:
A letter of intent (LOI) is:
A letter of intent (LOI) outlines:
A letter of intent (LOI) outlines:
Memoranda/Terms of Agreement:
Memoranda/Terms of Agreement:
Preliminary agreements are:
Preliminary agreements are:
A principal is:
A principal is:
An agent is usually not:
An agent is usually not:
An agent may be:
An agent may be:
A power of attorney is:
A power of attorney is:
Attorney means:
Attorney means:
When a principal is partially disclosed to the third party, the third party:
When a principal is partially disclosed to the third party, the third party:
Sole agency means that the principal is prevented from appointing new agents in:
Sole agency means that the principal is prevented from appointing new agents in:
Agent/Distributor:
Agent/Distributor:
Flashcards
Mutual Mistake
Mutual Mistake
A contractual requirement where both parties involved in the agreement are mistaken about a fundamental aspect of the contract, making the agreement null and void.
Material Mistake
Material Mistake
A mistake that is important enough to make the contract invalid. It significantly affects the subject matter or terms of the agreement.
Unilateral Mistake
Unilateral Mistake
A mistake made by only one party to the contract, while the other party is aware of the true facts.
Moral Rules
Moral Rules
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Quasi Contract
Quasi Contract
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Fraud
Fraud
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Unconscionability
Unconscionability
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Duress
Duress
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Undue Influence
Undue Influence
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Capacity of the Parties
Capacity of the Parties
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Contract
Contract
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Valid Contract
Valid Contract
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Once A Contract is Closed
Once A Contract is Closed
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Voidable Contract
Voidable Contract
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Void Contract
Void Contract
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Types of Contracts
Types of Contracts
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Express Contract
Express Contract
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Implied Contract
Implied Contract
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Bilateral Contract
Bilateral Contract
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Unilateral Contract
Unilateral Contract
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Executed Contract
Executed Contract
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Executory Contract
Executory Contract
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Offer
Offer
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Acceptance
Acceptance
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Agent
Agent
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Discharge
Discharge
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Invitation to Offer
Invitation to Offer
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Waiver
Waiver
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Letter of Intent (L.O.I.)
Letter of Intent (L.O.I.)
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Memoranda / Terms of Agreement
Memoranda / Terms of Agreement
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Preliminary Agreements
Preliminary Agreements
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Principal
Principal
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Power of Attorney
Power of Attorney
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Agent
Agent
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Agent
Agent
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Partially Disclosed Principal
Partially Disclosed Principal
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Sole Agency
Sole Agency
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Agent
Agent
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Memoranda
Memoranda
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Study Notes
Business Law - Key Concepts
- Mistake (to be relevant): A mistake must be mutual.
- Moral Rules: Legally non-binding rules.
- Quasi Contract: Intended to protect the weak party and avoid unjust enrichment.
- Fraud: To be relevant, fraud must cause an injury to the other party.
- Unconscionability: The effect of drug or mental illness may render a contract void.
- Duress: Includes physical violence or coercion that deprives a person of free will; threat of physical violence invalidating a contract.
- Undue Influence: Occurs when one party takes advantage of another due to a superior position, typically in labor contracts or similar situations.
- Capacity of the Parties: A requirement for a valid contract to be enforceable.
- Once a Contract is Closed: The parties are bound by the agreement and cannot alter it, except under specific clauses.
- Voidable Contract: A contract where one party has the option to withdraw, either enforcing the contract or withdrawing from it.
- Void Contract: Not binding on either party; unenforceable.
- Contracts Classification: Contracts can be categorized by several factors including: general/specific, negotiated/unilateral, direct/indirect, express/implied, bilateral/unilateral, executed/executory, valid/void/voidable, written/oral, formal/informal, registered/unregistered .
- Offer: Must be definite, clear intent, and communicated.
- Agent: A person authorized to act for another; may or may not be an independent contractor.
- Discharge: Termination or completion of a contract, including by waiver (relinquishing contractual rights), or failure to perform.
- Invitation to Offer: An invitation to make a proposal or start negotiations (not a firm offer).
- Silence/Inactivity: Generally not acceptance unless specifically stated in the offer or part of the agreement.
- Waiver: A voluntary relinquishment of a contractual right.
- Letter of Intent (LOI): Not a binding agreement but may contain binding provisions; outlines chief terms of a deal, for negotiation purposes.Â
- Memoranda/Term of Agreement: May include specific contracts, not legally binding, lays down the negotiation process.
- Preliminary Agreements: Not binding, parties agree to finalize the deal later, subject to details.
- Principal: The party for whom an agent acts.
- Attorney (lawyer/solicitor): A representative or lawyer.
- Power of Attorney:Â A written document enabling an agent to act on behalf of someone else (principal).
- Principal Partially Disclosed: The third party is aware of dealing with an agent, but does not know the principal's identity.
- Sole Agency: The principal can only deal through an agent for a particular area/territory.
- Agent/Distributor: Agents/distributors are paid generally after closing a deal.
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