Business Law - Key Concepts

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Questions and Answers

For a mistake to be relevant, it must be:

  • Material (correct)
  • Mutual (correct)
  • Unilateral

Moral rules are:

  • Neither a) nor b)
  • Legally non-binding rules (correct)
  • Legally binding rules

Quasi contracts are intended to:

  • Protect the weak party
  • Neither a) nor b)
  • Avoid unjust enrichment (correct)

For fraud to be relevant, it must:

<p>Cause an injury to the other party (A)</p> Signup and view all the answers

Unconscionability is:

<p>The effect of drug or metal illness that renders the contract void (B)</p> Signup and view all the answers

Duress is:

<p>Coercion, either physical or mental, that deprives a person free will (B)</p> Signup and view all the answers

Capacity of the parties is a requirement of:

<p>Valid contract (C)</p> Signup and view all the answers

When a contract is closed, the parties are:

<p>Bound by the agreement (A)</p> Signup and view all the answers

In case of a voidable contract, the contract is:

<p>Binding on only one party, who has the option to enforce it or withdraw from it (A)</p> Signup and view all the answers

A void contract is:

<p>Not binding on both parties (C)</p> Signup and view all the answers

Contracts can be classified as follows:

<p>Express/implied, bilateral/unilateral, executed/executory, valid/void/voidable (A)</p> Signup and view all the answers

An offer must:

<p>Indicate a clear intent, be definite, be communicated (A)</p> Signup and view all the answers

An agent is:

<p>A person authorized to act for another (A)</p> Signup and view all the answers

Discharge means:

<p>Termination or completion of contract (A)</p> Signup and view all the answers

An invitation to offer is:

<p>An invitation to make a proposal (A)</p> Signup and view all the answers

Silence or inactivity cannot be deemed as:

<p>Acceptance (B)</p> Signup and view all the answers

A waiver is:

<p>A voluntary and intentional relinquishment or renunciation of a contract right (B)</p> Signup and view all the answers

A letter of intent (LOI) is:

<p>May contain binding provisions (C)</p> Signup and view all the answers

A letter of intent (LOI) outlines:

<p>The chief terms of a prospective deal (B)</p> Signup and view all the answers

Memoranda/Terms of Agreement:

<p>Lay down the state of the negotiation process (C)</p> Signup and view all the answers

Preliminary agreements are:

<p>Agreements whereby the parties undertake to conclude an agreement subject to certain conditions (A)</p> Signup and view all the answers

A principal is:

<p>Any person for whom an agent acts (B)</p> Signup and view all the answers

An agent is usually not:

<p>An independent contractor (B)</p> Signup and view all the answers

An agent may be:

<p>An employee (A)</p> Signup and view all the answers

A power of attorney is:

<p>A written document setting out the appointment of an attorney (C)</p> Signup and view all the answers

Attorney means:

<p>Representative (A)</p> Signup and view all the answers

When a principal is partially disclosed to the third party, the third party:

<p>Is aware of dealing with an agent, but does not know the principal's identity (C)</p> Signup and view all the answers

Sole agency means that the principal is prevented from appointing new agents in:

<p>The territory (A)</p> Signup and view all the answers

Agent/Distributor:

<p>Agents get paid after closing a deal (C)</p> Signup and view all the answers

Flashcards

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

A mistake that is important enough to make the contract invalid. It significantly affects the subject matter or terms of the agreement.

Unilateral Mistake

A mistake made by only one party to the contract, while the other party is aware of the true facts.

Moral Rules

Rules that are not legally enforceable. These rules often stem from societal expectations, ethical considerations, or religious beliefs.

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Quasi Contract

A legal concept where the court creates a fictional contract to prevent one party from benefiting unfairly at the expense of another.

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Fraud

Deliberate deception or misrepresentation intended to induce another party to enter into a contract, leading to a loss or injury.

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Unconscionability

A legal doctrine that voids a contract if one party took unfair advantage of another due to factors like mental illness, intoxication, or lack of understanding.

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Duress

Using force or coercion, either physical or mental, to pressure someone into entering a contract against their free will.

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Undue Influence

Taking unfair advantage of another person's weakness or trust due to a power imbalance in the relationship.

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Capacity of the Parties

A requirement for a valid contract. It means both parties are capable of understanding the terms of the contract and entering into it voluntarily.

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Contract

A binding agreement between two or more parties, where each party agrees to do something in exchange for something else.

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Valid Contract

A contract that is legally binding and enforceable upon both parties.

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Once A Contract is Closed

Occurs when a contract has been finalized, and the parties are legally obligated to uphold their agreed-upon terms.

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Voidable Contract

A kind of contract where one party has the option to either enforce it or withdraw from it. The other party is bound to the contract, but their outcome depends on the decision of the party with the option.

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Void Contract

A contract that is not legally binding or enforceable. It lacks essential elements, or it was created under illegal circumstances, making it invalid from the start.

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Types of Contracts

A contract that can be either expressed or implied.

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Express Contract

A contract where the terms of the agreement are clearly stated, either orally or in writing.

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Implied Contract

A contract that arises from the actions and behavior of the parties, rather than from explicit words or written agreements.

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Bilateral Contract

A contract where both parties have obligations. Each party agrees to do something in exchange for the other party's performance.

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Unilateral Contract

A contract where only one party makes a promise to do something, and the other party is not legally obligated to do anything in return.

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Executed Contract

A contract that is completed. All obligations have been fulfilled by all parties involved.

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Executory Contract

A contract that is still in progress. Some of the obligations remain to be fulfilled by one or more parties involved.

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Offer

A clear statement or proposal expressing a willingness to be bound by certain specific conditions.

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Acceptance

An agreement to the terms proposed in the offer.

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Agent

A person who is authorized to act on behalf of another, carrying out tasks and making decisions as if they were the person they represent.

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Discharge

A legal principle signifying the end or fulfillment of the contract. It can be achieved through performance, agreement, breach, or operation of law.

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Invitation to Offer

A proposal or invitation that does not constitute a binding offer to enter into a contract. It merely initiates the negotiation process.

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Waiver

A unilateral obligation where one party voluntarily relinquishes or gives up a right or claim.

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Letter of Intent (L.O.I.)

A non-binding agreement outlining the core terms and principles of a potential deal.

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Memoranda / Terms of Agreement

Document outlining the main terms of a proposed deal or agreement.

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Preliminary Agreements

A preliminary agreement which specifies that two parties agree to reach a final agreement in the foreseeable future, with the agreement dependent on certain conditions being satisfied.

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Principal

A person who is represented by an agent, giving the agent the authority to act on their behalf.

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Power of Attorney

A written legal document that grants someone else the power to act on your behalf, like signing contracts or managing your finances.

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Agent

A person authorized to act on behalf of another. They are not independent contractors

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Agent

A person authorized to act on behalf of another. They are not always employees

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Partially Disclosed Principal

When the third party in a transaction is aware that they are dealing with an agent, but they are not aware of the identity of the principal.

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Sole Agency

When a principal is prevented from appointing new agents in a given territory.

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Agent

An agent who gets paid after the deal is closed. They are typically paid a commission.

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Memoranda

A term of agreement that is not legally binding. They typically lay down key principles for a deal, but do not constitute a formal agreement.

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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. 
  • 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:  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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