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Questions and Answers
What is the term used when a group of creditors agree to accept less than the full amount owed from a debtor, in exchange for the debtor not filing for bankruptcy?
What is the term used when a group of creditors agree to accept less than the full amount owed from a debtor, in exchange for the debtor not filing for bankruptcy?
What is the essential element that is missing in the scenario involving the aunt's promise of $10,000 for not purchasing alcohol?
What is the essential element that is missing in the scenario involving the aunt's promise of $10,000 for not purchasing alcohol?
What is the key factor that enables a debtor to settle a claim by paying less than the full amount owed?
What is the key factor that enables a debtor to settle a claim by paying less than the full amount owed?
Which of the following scenarios would NOT be considered a valid consideration in a contract?
Which of the following scenarios would NOT be considered a valid consideration in a contract?
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In a composition of creditors, what is the primary benefit for the debtor in agreeing to the arrangement?
In a composition of creditors, what is the primary benefit for the debtor in agreeing to the arrangement?
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Why might a creditor be willing to accept a reduced amount from a debtor in a composition of creditors?
Why might a creditor be willing to accept a reduced amount from a debtor in a composition of creditors?
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What is the legal significance of a release in the context of settling a claim?
What is the legal significance of a release in the context of settling a claim?
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What is the primary concern expressed in the text regarding signing releases too soon?
What is the primary concern expressed in the text regarding signing releases too soon?
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What was the purpose of a signet ring in the context of sealing a contract in the past?
What was the purpose of a signet ring in the context of sealing a contract in the past?
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What is a key characteristic of consideration in a contract?
What is a key characteristic of consideration in a contract?
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In the context of the rock band and the royal court, could the musician's promise to not play loud music be considered consideration?
In the context of the rock band and the royal court, could the musician's promise to not play loud music be considered consideration?
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In the context of Gil and the engine, why wouldn't Gil's agreement to pay $65 be considered valid consideration?
In the context of Gil and the engine, why wouldn't Gil's agreement to pay $65 be considered valid consideration?
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Which of the following options best describes the essence of consideration in contract law?
Which of the following options best describes the essence of consideration in contract law?
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Based on the information provided, which of the following is NOT a characteristic of a valid contract?
Based on the information provided, which of the following is NOT a characteristic of a valid contract?
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In medieval England, what type of contracts were considered "solemn promises"?
In medieval England, what type of contracts were considered "solemn promises"?
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Why were contracts less common in medieval England compared to today?
Why were contracts less common in medieval England compared to today?
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What is the primary reason for the Sunnyside Camera Shop's offer in the scenario provided?
What is the primary reason for the Sunnyside Camera Shop's offer in the scenario provided?
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What type of consideration does the Sunnyside Camera Shop receive from the students in the provided scenario?
What type of consideration does the Sunnyside Camera Shop receive from the students in the provided scenario?
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Why is the music practice scenario considered legally binding?
Why is the music practice scenario considered legally binding?
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What is the primary difference between the Sunnyside Camera Shop scenario and the rock band scenario?
What is the primary difference between the Sunnyside Camera Shop scenario and the rock band scenario?
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What is the significance of the statement "Courts do not consider the adequacy of consideration"?
What is the significance of the statement "Courts do not consider the adequacy of consideration"?
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In the context of a contract, what is meant by "sufficient consideration"?
In the context of a contract, what is meant by "sufficient consideration"?
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What is the key principle that allows a promise to be enforced even without consideration?
What is the key principle that allows a promise to be enforced even without consideration?
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Which of the following is NOT a condition for promissory estoppel to apply?
Which of the following is NOT a condition for promissory estoppel to apply?
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In the case of the Branyan's pledge to the hospital, what kind of promise did they make?
In the case of the Branyan's pledge to the hospital, what kind of promise did they make?
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What is the key factor in determining if the Branyans can be held to their pledge?
What is the key factor in determining if the Branyans can be held to their pledge?
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What is the main reason why promissory estoppel might be applied in the case of the Branyan's pledge to the hospital?
What is the main reason why promissory estoppel might be applied in the case of the Branyan's pledge to the hospital?
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Which of the following statements is TRUE regarding pledges made to charitable organizations?
Which of the following statements is TRUE regarding pledges made to charitable organizations?
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Which of the following is NOT a factor that determines whether promissory estoppel can be applied to a promise?
Which of the following is NOT a factor that determines whether promissory estoppel can be applied to a promise?
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What is the main purpose of the doctrine of promissory estoppel?
What is the main purpose of the doctrine of promissory estoppel?
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If two acts have legal value and are given independently of one another without being traded, they are not consideration. This means the acts would be considered:
If two acts have legal value and are given independently of one another without being traded, they are not consideration. This means the acts would be considered:
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When a court implies a duty of fair dealings, this can be the basis for consideration, even when a promise seems illusory. What does this statement suggest about consideration?
When a court implies a duty of fair dealings, this can be the basis for consideration, even when a promise seems illusory. What does this statement suggest about consideration?
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If a contract contains a clause stating that all the buyer's obligations could be extinguished by giving 30 days' notice, would this make the buyer's obligations under the contract illusory?
If a contract contains a clause stating that all the buyer's obligations could be extinguished by giving 30 days' notice, would this make the buyer's obligations under the contract illusory?
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In the scenario of the driver and Francis, Francis changing the tire is considered a...
In the scenario of the driver and Francis, Francis changing the tire is considered a...
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In the scenario of Georgia and her neighbors, what is the basis for the $200 agreement?
In the scenario of Georgia and her neighbors, what is the basis for the $200 agreement?
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Legal value means a change in one's legal position as a result of the contract. True or False?
Legal value means a change in one's legal position as a result of the contract. True or False?
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What is the primary reason Francis cannot win the $20 in the car tire scenario?
What is the primary reason Francis cannot win the $20 in the car tire scenario?
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Kamiar owed Rubio $5,000, which was due in one year. There was no dispute as to the amount. Would Kamiar be required to pay this amount even in the absence of a formal contract?
Kamiar owed Rubio $5,000, which was due in one year. There was no dispute as to the amount. Would Kamiar be required to pay this amount even in the absence of a formal contract?
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Based on the information provided, what is the legal principle that would make Silvertone liable for the twins' expenses?
Based on the information provided, what is the legal principle that would make Silvertone liable for the twins' expenses?
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Why is the promise made by Silvertone considered a promissory estoppel?
Why is the promise made by Silvertone considered a promissory estoppel?
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What is the key element of promissory estoppel that establishes the twins' case?
What is the key element of promissory estoppel that establishes the twins' case?
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What is the likely outcome of the lawsuit brought by Cardinal against Plony?
What is the likely outcome of the lawsuit brought by Cardinal against Plony?
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Which of the following scenarios would NOT be an example of promissory estoppel?
Which of the following scenarios would NOT be an example of promissory estoppel?
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What are the two key components that must be proven to establish promissory estoppel?
What are the two key components that must be proven to establish promissory estoppel?
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What is the purpose of the legal principle of promissory estoppel?
What is the purpose of the legal principle of promissory estoppel?
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Which of the following is NOT a key characteristic of the legal principle of promissory estoppel?
Which of the following is NOT a key characteristic of the legal principle of promissory estoppel?
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Flashcards
Consideration
Consideration
Legal value exchanged in a contract, typically a benefit to one party and a detriment to another.
Enforceability of Contract
Enforceability of Contract
The ability of a contract to be upheld in a court of law, often dependent on consideration.
Written Contract
Written Contract
A contract that is formally documented and sealed, often making it more legally binding.
Bargained Exchange
Bargained Exchange
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Noise Ordinance
Noise Ordinance
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Valid Contract
Valid Contract
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Detriment
Detriment
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Legal Value
Legal Value
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Enforceable Contract
Enforceable Contract
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Nominal Consideration
Nominal Consideration
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Adequate Consideration
Adequate Consideration
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Medieval Contracts
Medieval Contracts
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Noise Ordinance Violation
Noise Ordinance Violation
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Legal Binding
Legal Binding
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Sunnyside Camera Shop Agreement
Sunnyside Camera Shop Agreement
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Release
Release
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Mutual Agreement
Mutual Agreement
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Sufficient Consideration
Sufficient Consideration
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Early Payment Benefit
Early Payment Benefit
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Composition of Creditors
Composition of Creditors
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Financial Risk of Releases
Financial Risk of Releases
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Legal Right Consideration
Legal Right Consideration
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Illusory Promise
Illusory Promise
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Mutual Gifts
Mutual Gifts
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Legal Benefit
Legal Benefit
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Consideration Requirement
Consideration Requirement
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Advance Promise
Advance Promise
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Benefit to the Neighbor
Benefit to the Neighbor
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Past Performance
Past Performance
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Promissory Estoppel
Promissory Estoppel
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Silvertone's Promise
Silvertone's Promise
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Twins' Trip Expenses
Twins' Trip Expenses
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Cardinal's Bid
Cardinal's Bid
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Liability to the Twins
Liability to the Twins
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Relying on a Promise
Relying on a Promise
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Mutual Consideration Exceptions
Mutual Consideration Exceptions
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Detriment in Promissory Estoppel
Detriment in Promissory Estoppel
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Reasonable Foreseeability
Reasonable Foreseeability
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Economic Loss
Economic Loss
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Substantial Reliance
Substantial Reliance
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Liability in Charitable Donations
Liability in Charitable Donations
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Pledge
Pledge
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Exceptions to Consideration Requirement
Exceptions to Consideration Requirement
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Injustice Avoidance
Injustice Avoidance
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Study Notes
Mutual Consideration
- Mutual consideration is essential for a valid contract
- Each party must give something of value
- This exchange of value is the consideration
- Something of value can be an act, forbearance or promise
Legal Value and Bargained-For Exchange
- Legal value signifies a change in a party's legal position
- A promise for a benefit demonstrates legal value
- Forbearance from doing something you have the right to demonstrate legal value
- The exchange of two benefits establishes legal value
- Consider the exchange in legal positions for both parties
When is Consideration Not Required?
- Promissory estoppel applies in certain situations where no consideration is present
- The promisor must foresee reliance, the promisee acts in reliance, and there must be an injustice that can only be avoided
- Promises to charitable organizations generally are binding if the charity acts on the pledge
- Promises to charities may be enforceable even if there is no consideration
- The courts look at the fairness and reasonableness of the agreement
Hot Debate Case: Aunt's Promise
- A wealthy aunt promised Maureen a cruise, but instead gave her a kiss and a 'sorry'
- Reasons for Maureen to recover the cruise value: the aunt promised in return for a gift, establishing legal value
- Reasons why aunt shouldn't have to pay: the aunt's promise wasn't a bargained-for exchange. The contract lacks mutual consideration
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Description
Test your knowledge on key concepts of contract law, particularly focusing on the composition of creditors and settlements. This quiz covers essential elements, scenarios, and legal significance associated with debt agreements and releases.