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Questions and Answers

What is exchanged between parties in a contract?

  • Mutual consent
  • Written agreement
  • Consideration (correct)
  • Legal objectives

Which of the following elements is not necessary for the existence of every contract?

  • Lawful objective
  • Mutual consent
  • Parties capable of contracting
  • In writing (correct)

What type of contract is typically unenforceable due to lack of a necessary component?

  • Valid and binding
  • Voidable at will
  • Enforceable with conditions
  • Illusory (correct)

Which scenario describes a contract that cannot be assigned unless allowed by agreement?

<p>Fire insurance policy (B)</p> Signup and view all the answers

A minor attempting to sell property through an adult intermediary may face which legal condition?

<p>Voidable by the minor (D)</p> Signup and view all the answers

What is the status of a contract if it has been rescinded?

<p>It has been annulled (D)</p> Signup and view all the answers

Can a minor enter into a real estate contract?

<p>No, it is completely illegal for a minor to enter a contract (C)</p> Signup and view all the answers

What does it mean for a contract to be executory?

<p>It has not yet been fully performed (B)</p> Signup and view all the answers

If an agreement to transfer real estate is made orally, what is its enforceability status?

<p>Always unenforceable (C)</p> Signup and view all the answers

When can an incarcerated prisoner convey a parcel of real property?

<p>Only with permission from the state Department of Corrections (A)</p> Signup and view all the answers

In which of the following circumstances would a deed always be void?

<p>A deed that is not supported by consideration (D)</p> Signup and view all the answers

Which of the following contracts would not be required under the statute of frauds to be in writing?

<p>An agreement to purchase timber that will be cut in two years (A)</p> Signup and view all the answers

What term refers to Scott's unconditional promise to perform his part of a purchase contract?

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

What is evidenced by the meeting of the minds between buyer and seller in a contract?

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

Which of the following best describes rescission in contract law?

<p>The annulment of a contract, returning parties to their pre-contract positions (B)</p> Signup and view all the answers

Flashcards

Consideration

Something of value exchanged by the parties to a contract. It can be money, goods, services, or anything else that has legal value.

Enforceable Contract

A contract that is legally binding and enforceable in a court of law. It must meet all the requirements for a valid contract.

Unenforceable Contract

An agreement that is not legally binding because it lacks one or more essential elements of a valid contract. It cannot be enforced in court.

Illusory Contract

A one-sided agreement where one party makes a promise, but the other party is not obligated to do anything.

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Voidable Contract

A contract that can be canceled by one of the parties due to a legal reason, such as duress, undue influence, or fraud.

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When is a deed void?

A deed is considered void when it is created under illegal circumstances, often involving fraud or involving a party lacking legal capacity.

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What contract is covered by the Statute of Frauds?

An agreement to rent a property for a term of 10 years falls under the Statute of Frauds and must be in writing to be enforceable.

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What is a covenant?

A covenant is a promise made in a contract that creates a legal obligation to act or refrain from acting in a certain way.

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How is meeting of the minds evidenced?

The meeting of the minds in a contract occurs when both parties agree to the same terms and conditions.

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What is contractual rescission?

Rescission cancels a contract, restoring both parties to their original positions before the contract was formed.

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Executory contract

A contract that involves a promise for a future action, not yet completed.

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Rescind a contract

To formally cancel a contract, restoring parties to their original situations.

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Oral agreement in real estate transfer

A contract involving the transfer of real estate is made orally, meaning it was not in writing.

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Void contract

A contract that is legally invalid from the start, lacking essential elements or violating the law.

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Study Notes

Chapter 6 Quiz - Contract Law

  • Consideration: Something of value exchanged by parties in a contract.
  • Valid Contract: A contract that can be enforced even with conditions.
  • Minor's Contract: A minor may not appoint an agent as they lack the capacity to contract. A contract with a minor is considered void.
  • Convicted Felon's Property: A convicted felon can typically convey property freely, unless the transfer poses a threat to public safety.
  • Contracts Not in Writing: Certain contracts, such as real estate agreements for ten years or more, are required by the statue of frauds to be in writing.
  • Real Estate Contracts: Some contracts, including those for real estate transfers, are not valid unless in writing.
  • Oral Real Estate Contracts: Oral contracts for the sale of real property may be enforceable under certain specific circumstances, like if payment has been made, or partially performed.
  • Contract Rescission: To invalidate a contract. It returns parties to their pre-contract positions.
  • Void Deed: A forged deed remains void even if held by a good faith purchaser. Also, a deed executed by a convicted felon, which could pose a public safety risk.
  • Forged Deed: A forged deed is automatically void, regardless of circumstances.
  • Capacity: A person must have the legal capacity to enter a contract. A minor, convicted felon, or mentally incapacitated person likely lacks capacity.
  • Offer Termination: Rejection by the offeree ends a contract.
  • Offeror vs. Offeree: The offeror makes an offer, and the offeree can accept or reject.
  • Offer Rejection/Acceptance: A rejection by the offeree terminates the offer. An inquiry about terms does not cancel the offer.
  • Meeting of the Minds: A contract is formed when buyer and seller show mutual agreement and understanding. This is often evidenced through offer and acceptance.
  • Tender: A formal unconditional offer to perform a contractual obligation.

Additional Quiz Concepts

  • Illusory Contract: A contract with a condition that leaves one party with no real obligation; this is unenforceable.
  • Voidable Contracts: Contracts that can be voided by specific parties; an example is a contract with a minor.
  • Assignment of Contracts: Some contracts—like lease agreements—cannot be transferred without consent.
  • Executory Contract: A contract that hasn't been fully performed.
  • Executed Contract: A contract that has been fully performed.

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