Podcast
Questions and Answers
In case of unilateral mistake, the contract is binding, except when the other party knows or should have known the mistake
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
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
According to CISG in case of material breach the non breaching party may demand performance or breach
True (A)
Flashcards
Negotiation
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
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)
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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Offer Duration
Offer Duration
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Acceptance
Acceptance
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Consideration
Consideration
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Intent of Parties
Intent of Parties
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Offer Expiry
Offer Expiry
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Past Consideration
Past Consideration
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Party Failure to Read
Party Failure to Read
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Material Mistake
Material Mistake
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Relevant Mistake
Relevant Mistake
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Justifiable Reliance
Justifiable Reliance
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Fraud
Fraud
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Made Knowingly
Made Knowingly
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Defrauded Party Remedies
Defrauded Party Remedies
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Acceptance
Acceptance
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Good Faith in International Contracts
Good Faith in International Contracts
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Contract Law Foundation
Contract Law Foundation
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Legally Relevant Mistake
Legally Relevant Mistake
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Good Faith According to Unidroit
Good Faith According to Unidroit
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Legally Operative Law (LOL)
Legally Operative Law (LOL)
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Valid Contract
Valid Contract
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Void Contract
Void Contract
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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
- the non breaching party may
- 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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