Business Law Quiz 2022/2023

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Questions and Answers

In case of unilateral mistake, the contract is binding, except when the other party knows or should have known the mistake

True (A)

In an offer unstated terms, the contract is closed

False (B)

According to CISG in case of material breach the non breaching party may demand performance or breach

True (A)

Flashcards

Negotiation

The process of two or more parties discussing the terms of a potential agreement, with the goal of reaching a mutually acceptable outcome.

Offer

A formal proposal made by one party to another, outlining the terms of a proposed contract. It creates a legally binding obligation if accepted.

UN Convention on Contracts for the International Sale of Goods (CISG)

An international treaty that governs the sale of goods between countries that have ratified it. It provides a framework for international trade contracts.

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A general announcement or public statement that is not a formal offer, but rather an invitation for others to make offers. It is not legally binding.

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Offer Duration

The period of time during which an offer remains open for acceptance. It can be specified in the offer, or if not, it will be a reasonable time.

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Acceptance

A clear and definite statement of willingness by the offeree to be bound by the terms of the offer. This creates a binding contract.

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Consideration

Something of value exchanged by the parties involved in a contract, which is an essential element of the agreement.

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Intent of Parties

The true intention of the parties involved in a contract, which can be determined based on their words and actions, as well as the overall circumstances.

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Offer Expiry

The termination of an offer due to various events, including rejection, counteroffer, the death or incapacity of either party, or the passage of time.

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Past Consideration

An act or promise performed or given before the creation of a contract, which cannot be used as valid consideration for a later agreement.

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Party Failure to Read

A binding contract is formed even if one party fails to read the agreement, as their signature signifies their agreement.

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Material Mistake

A mistake by one or both parties about a significant fact related to the contract, which can make the agreement voidable or void.

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Relevant Mistake

A mistake that is so significant it renders the contract invalid and unenforceable.

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Justifiable Reliance

The mistaken party must have genuinely relied on the misrepresentation, and it must have been reasonable to do so, for them to claim relief.

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Fraud

A deliberate misrepresentation of a material fact, made with the intention to deceive, and which causes harm to the other party.

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Made Knowingly

The person making the fraudulent statement must have known it was false, or acted with reckless disregard for the truth.

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Defrauded Party Remedies

The defrauded party has various legal remedies, such as rescinding the contract, seeking damages, or affirming the contract while seeking compensation.

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Acceptance

Acceptance of the offer must be clear and unambiguous, without any additional conditions. A counter offer rejects and replaces the original offer.

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Good Faith in International Contracts

The concept of honesty and fairness in dealing with other parties, particularly in international business relationships.

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Contract Law Foundation

Contract law is intertwined with other legal areas, like tort law (civil wrongs), business law (company structure), and company law (corporate governance).

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Legally Relevant Mistake

A mistake that is significant enough to be taken into consideration when evaluating the validity of a contract.

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Good Faith According to Unidroit

A set of principles developed by Unidroit, a non-governmental organization promoting harmonization in international trade and commercial law, addressing good faith in international contracts.

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Legally Operative Law (LOL)

A binding contract must have a legal purpose and be enforceable by law.

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Valid Contract

A contract that meets all the legal requirements and can be enforced in a court of law.

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Void Contract

A contract that appears to be valid at first but lacks one or more essential elements, making it unenforceable.

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Study Notes

A.A. 2022/2023

  • 11) FAS means
    • Foreign alien state
    • free alignment security
    • free on board
  • 21) IN CASE OF UNILATERAL MISTAKE
    • in the contract is binding, except when the other party knows or should have known the mistake
    • the contract is binding
    • the contract is not binding if the other party knows or should have known the mistake
    • the contract is not binding, except when the other party knows or should not have known the mistake
  • 31) JOINT VENTURE CONTRACT CAN BE ENTERED
    • only by companies
    • only by individuals
    • by both companies and individuals
  • 41) A VALID CONTRACT
    • is a contract that meets all legal requirements and can be enforced by either party
  • 51) A PARTY WHO BREAKS OFF NEGOTIATIONS IN BAD FAITH
    • is bound to restart the negotiation
    • is liable for losses
    • neither nor b
  • 61) AN OFFER CAN BE REVOKED BY THE OFFEROR
    • always except in case of option contract, unilateral contract, u.c.c exception, promissory estoppel
    • in any case
  • 71) A QUASI-CONTRACT IS CREATED
    • by operation of law in behalf of the unconscious party
    • by operation of law on order to avoid unjust enrichment of one party at the expense of another
    • by one party at the expense of the another
  • 81) IN AN OFFER UNSTATES TERMS
    • could be clarified before the agreement is closed
    • must be clarified after the agreement is reached
    • may be implied or inferred in case of material breach
  • 91) ACCORDING TO CISG IN CASE OF MATERIAL BREACH
    • the non breaching party may
      • demand the performance
      • either the discharge or breach
  • 101) A VOIDABLE CONTRACT
    • is binding on either party but is enforceable by only one
    • is binding on one party who has the option to withdraw from or to enforce it
    • is binding on one party and enforceable by the same
  • 111) ACCORDING TO DUTY OF GOOD FAITH
    • all parties should not fail in fulfilling they obligations
    • all parties should not withdraw from negotiation process if started
    • not sincerely aimed at entering into contra actual relations
  • 121) ADEQUACY OF CONSIDERATION
    • is an issue in court
    • neither nor b
  • 121) CONSIDERATION IS
    • the price
    • something a party provides in exchange for goods
    • something a party provides in exchange for something from the other party
  • 141) FROM THE CONTRACT
    • is a rule to be enforced just as law
    • is a rule binding upon the parties
    • is a rule binding upon the parties but less binding than law
  • 151) MEMORANDA / TERMS OF AGREEMENT
    • are never legally binding
    • are specific contracts
    • are never legally binding
  • 161) THE ESSENTIAL ELEMENTS OF A CONTRACT ARE
    • all oral or written agreement, implied or expressed
    • of capacity, mutual agreement, consideration and legality
    • subject matter
  • 171) AN IMPLIED CONTRACT
    • can be inferred by a judge
    • can be inferred by a reasonable person
    • can be by conduct
  • 181) UNILATERAL CONTRACT
    • is a unilateral two conduct
    • involves one promise by one party and an act by another
  • 191) PRE-EMPTION RIGHT IS THE RIGHT
    • to buy shares at a fixed price
    • to be offered to anyone in a company before they are made available to anyone else
    • to sell shares at a fixed price
  • 201) A VOID CONTRACT
    • is void but cannot be enforced
    • is not valid but cannot be temporarily enforced
    • is not valid and cannot be enforced
  • 211) AN EXPRESSION OF WILL
    • a legally enforceable agreement, express or implied
    • a document
    • a document
  • 221) EXPRESS CONTRACT IS
    • the agreement expressed the clear intention to be bound by the agreement
    • by stated in words, written or oral, or partly written and partly oral
    • a signed document

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