Contract Law Concepts Quiz
30 Questions
0 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to Lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

Duress is?

  • threat of physical violence that deprives a person free will
  • physical violence that deprives a person free will
  • coercion, either physical or mental, that deprives a person free will (correct)
  • Unconscionability is?

  • the effect of drug or metal illness that renders the contract void
  • general or specific
  • gross unfairness brought about by the superior position of one of the parties of the contract (correct)
  • Mistake to be relevant must be?

  • mutual (correct)
  • material (correct)
  • unilateral
  • Fraud to be relevant must?

    <p>determine a misrepresentation (A), cause an injury to the other party (B)</p> Signup and view all the answers

    Quasi contracts are intended?

    <p>to avoid unjust enrichment (A)</p> Signup and view all the answers

    Moral rules are?

    <p>legally non-binding rules (A)</p> Signup and view all the answers

    One of an agent's duties is?

    <p>to avoid conflicts of interest (A)</p> Signup and view all the answers

    Undue influence?

    <p>occurs when one of the parties takes advantage of another by reason of the superior position (B)</p> Signup and view all the answers

    Capacity of the parties is?

    <p>a requirement of valid contract (B)</p> Signup and view all the answers

    A void contract is?

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

    In case of voidable contract?

    <p>the contract is binding on only one party and the other has the option to enforce it or withdraw from it (A)</p> Signup and view all the answers

    Once a contract is closed?

    <p>the parties are bound by the agreement (A)</p> Signup and view all the answers

    Contracts can be classified as follows?

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

    An offer must?

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

    Waiver is?

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

    International business transactions are regulated?

    <p>by international conventions (B)</p> Signup and view all the answers

    Discharge means?

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

    Duties of the principal to the agent are?

    <p>pay expenses and inform of existing risks (A)</p> Signup and view all the answers

    Silence or inactivity?

    <p>cannot be deemed as acceptance (B)</p> Signup and view all the answers

    A partnership can be creates ?

    <p>by express agreement, by implied agreement, by estoppel (C)</p> Signup and view all the answers

    In a general partnership each partner ?

    <p>is an agent for the other partner(s) (C)</p> Signup and view all the answers

    Limited partnership requires?

    <p>an LP certificate (A)</p> Signup and view all the answers

    The existence of an implied partnership can be argued in case of?

    <p>joint ownership of a business, sharing of profits and losses and equal management rights (C)</p> Signup and view all the answers

    In an LP certificate the following information are mandatory?

    <p>partnership's name, location, name and address of its agents and general partners, term of duration (B)</p> Signup and view all the answers

    Franchisee?

    <p>both an agent or an independent contractor (C)</p> Signup and view all the answers

    Corporate 'veil' may be pierced case of?

    <p>fraudulent purpose and running of corporate business as though corporation didn't exist (B)</p> Signup and view all the answers

    Public corporation?

    <p>is formed to meet a governmental or public purpose (B)</p> Signup and view all the answers

    Fundamental documents for creating a corporation are?

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

    Sole proprietorship means?

    <p>the simplest form of business organization (B)</p> Signup and view all the answers

    Signup and view all the answers

    Flashcards

    Franchise

    A business agreement or contract where one party (the franchisor) grants another party (the franchisee) the right to use their brand, trademarks, and business model to operate a business.

    Joint Venture

    An agreement between two or more parties to carry out a specific project or venture.

    Licensing

    A legal agreement where a company grants a person, team, or another company the right to use their trademark, copyright, or patent for a specified period of time in exchange for a fee.

    Contract

    A document that provides evidence of the terms of a contract and the agreement reached by the parties involved. It can be oral, written, or a combination of both.

    Signup and view all the flashcards

    Consideration

    The act of providing something of value in exchange for a promise or action. It's an essential element of a valid contract.

    Signup and view all the flashcards

    Implied Contract

    A legal principle that states that a contract can be deemed valid and enforceable even if it's not formally written; it's presumed to exist on the basis of the parties' actions and circumstances.

    Signup and view all the flashcards

    Quasi Contract

    A contract that is created by a court to prevent unjust enrichment from occurring when someone benefits from the actions or property of another without legally owing them anything.

    Signup and view all the flashcards

    Valid Contract

    A contract that is enforceable by law and meets all the legal requirements for a legally valid agreement.

    Signup and view all the flashcards

    Void Contract

    A contract that is considered flawed or defective and is not legally binding.

    Signup and view all the flashcards

    Voidable Contract

    A contract that is valid but can be voided by one or more parties due to some legal defect or flaw, such as fraud or duress.

    Signup and view all the flashcards

    Meeting of the Minds

    The process where parties involved in a negotiation come to a mutual understanding and agree upon the terms of a contract. This happens when their minds meet.

    Signup and view all the flashcards

    Invitation to Offer

    A formal request for an offer or proposal, often used as a preliminary step in the negotiating process.

    Signup and view all the flashcards

    Offer

    A legally binding proposal to enter into a contract, specifying the terms and conditions of the agreement.

    Signup and view all the flashcards

    Acceptance

    Acceptance of the offer, which is usually a clear and unconditional response to the offer's terms, signifying agreement to the contract. Silence or inaction is generally not considered acceptance except in specific cases.

    Signup and view all the flashcards

    Fraud

    A deliberate misrepresentation of a material fact made knowing it is false, with the intent to deceive the other party, who then relies upon the misrepresentation to their detriment.

    Signup and view all the flashcards

    Mistake

    A serious legal error that can lead to a contract being voided or considered unenforceable, often due to a misunderstanding or misinterpretation of a key fact.

    Signup and view all the flashcards

    Undue Influence

    When one party utilizes their superior position or influence to persuade the other party to enter into a contract, potentially taking advantage of their vulnerable state. It creates a contract that can be voided.

    Signup and view all the flashcards

    Duress

    When a party is forced to enter into a contract under duress or threat of harm, which undermines their ability to give free and voluntary consent. The resulting contract may be voidable.

    Signup and view all the flashcards

    Capacity

    The legal capacity of an individual to enter into a contract and be bound by its terms. Certain individuals, such as minors or those with mental incapacities, may lack the full capacity to contract.

    Signup and view all the flashcards

    Release

    The act of releasing another party from their contractual obligations, often in exchange for something else or for no specific reason.

    Signup and view all the flashcards

    Unilateral Contract

    A legally binding promise made by one party to perform an action or refrain from doing something if another party performs a specific action. It's a promise to do something. An example is an insurance contract.

    Signup and view all the flashcards

    Legality of Contract

    The legal principle that states that an agreement is not valid and enforceable if it violates the law or public policy.

    Signup and view all the flashcards

    Breach of Contract

    When a party to a contract fails to perform their agreed-upon obligations, which can result in legal consequences, such as damages or breach of contract.

    Signup and view all the flashcards

    Discharge

    The termination or ending of a contract, which can occur through various methods, including performance, agreement, breach, or operation of law.

    Signup and view all the flashcards

    Damages

    A legal remedy provided in a court to compensate a party who has suffered financial losses as a result of another party's breach of contract.

    Signup and view all the flashcards

    Sole Proprietorship

    A type of business organization where a single individual owns and operates the business, assuming all responsibilities and liabilities for the business's actions and debts.

    Signup and view all the flashcards

    Partnership

    A business organization where two or more individuals agree to share in the risks and responsibilities of operating a business.

    Signup and view all the flashcards

    Corporation

    A legal entity that is separate and distinct from its owners, with its own rights, liabilities, and obligations.

    Signup and view all the flashcards

    Study Notes

    Duress

    • Duress is coercion, either physical or mental, that deprives a person of their free will.
    • This includes threats of physical violence.

    Unconscionability

    • Unconscionability is gross unfairness in a contract.
    • It arises from a superior position of one party in the contract.

    Mistake

    • A mistake to be relevant must be mutual and material.
    • A unilateral mistake isn't relevant.

    Fraud

    • Fraud, to be relevant, must cause injury to the other party and involve a misrepresentation.
    • The misrepresentation must be brought before a court.

    Quasi Contract

    • Quasi contracts prevent unjust enrichment.
    • They protect the weaker party in a contract.

    Moral Rules

    • Moral rules are legally non-binding.

    Agent's Duties

    • Avoiding conflicts of interest is one of an agent's duties.
    • Finding business opportunities is another duty of an agent.

    Undue Influence

    • Undue influence occurs when one party takes advantage of another's superior position.
    • It can happen in any contract where one party is in a stronger position.

    Contract Validity

    • A void contract is not binding on either party.
    • A voidable contract may create obligations for one party but not the other.

    Offer

    • An offer needs a clear intent, and must be communicated.
    • It needs to be definite and comprehensive.

    Acceptance

    • A reasonable time for acceptance is required, or the period given.
    • Silence or inaction is usually not considered acceptance.

    Waiver

    • A waiver is a voluntary giving up of a legal right.
    • It can be complete or incomplete.

    Agency

    • An agent is a person authorized to act on behalf of another.

    International Business Transactions

    • International business transactions are regulated by international conventions and private agreements.
    • These transactions may also be subject to UN regulations.

    Contract Termination

    • A contract can be terminated through discharge via completion or performance failure.

    Different Countries Contracts

    • Contracts between parties from different countries are often governed by the laws of the offeree's country of origin or an agreed-upon law.

    Damages

    • Damages can be general or specific, such as consequential, limited, or punitive.

    Business Organization Types

    • Sole Proprietorship, Partnership, and Corporation are basic business organization types.
    • These need different legal documents and formalities.
    • This represents the shared assets' value contributed to a company by shareholders when the shares were issued.
    • This also includes the value of assets of the company contributed by investors after the shares' creation.

    Authorized Capital

    • This is the approved capital amount by shareholders and third parties by issuing new shares.

    Subscribed Capital

    • This is the amount of assets that existing shareholders have already pledged to contribute to the company.

    Nominal Value

    • The nominal value is the market value of shares.

    Dividends

    • Dividends are profits distributed among shareholders.

    Serious Loss

    • If there is a serious loss of subscribed capital, the board of directors must call a shareholder's meeting.
    • Appropriate measures are required to address the issue.

    Accounting Principles

    • Annual accounts are developed according to principles of prudence, true and fair view, and effectiveness.

    Two-Tier System

    • Two-tier systems are comprised of a management organ and a supervisory organ.

    Members of the Organs

    • Members of management organs in two-tier systems are appointed and removed by general meetings.
    • Members of supervisory organs are similarly managed through general meetings and management organs.

    Consideration

    • Consideration means the price or the act exchanged between the parties within a contract.

    Contract Types

    • Unilateral contracts involve one promise and an action from another party involved.
    • Valid contracts require all legal requirements for enforcement.

    Void vs Voidable contracts

    • A void contract is invalid and cannot be enforced.
    • A voidable contract may be enforceable or not depending on the circumstances.

    Essential Elements of Contract

    • Every contract needs capacity, mutual agreement, consideration, and legal subject matter.

    Manifestation of Intent

    • When discussing intent, contracts must be expressed or implicit, through verbal or written means.

    Essential Contract Terms

    • Contract terms must be clear to ensure the contract is followed.
    • Terms may be implied if not explicitly stated.

    Offer Duration

    • An offer retains validity for a specified time or, if not specified, for a reasonable time after being made.
    • The offer can be revoked before acceptance.

    Acceptance

    • Acceptance must be clear and unconditional.
    • It is possible to accept an offer implicitly by actions.

    Adequate Consideration

    • Consideration adequacy isn't a legally relevant part of the consideration assessment process.

    Past Consideration

    • Past consideration is not legally binding.

    Mistake

    • Mistakes, if material to the contract and known to the other party, may invalidate the contract.

    Fraud

    • Fraudulent misrepresentation, knowingly intended to deceive and cause injury to the other party, invalidates a contract.

    Contract Validity

    • Contracts are void or voidable based on whether they are legal and meet all required components for enforcement.

    Capacity

    • Contracts should involve parties with legal capacity; minors are typically excluded.
    • Capacity involves sufficient mental ability to enter into a contract.

    Invalid Contracts

    • Contracts lacking legal requirements, i.e., improper subject matter, are unenforceable.

    Discharge Methods

    • Discharge of contracts can be through performance or breach, or other circumstances.

    Studying That Suits You

    Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

    Quiz Team

    Related Documents

    Description

    Test your knowledge on key concepts in contract law, including duress, unconscionability, and fraud. This quiz covers essential principles that influence the validity and enforcement of contracts. Perfect for law students looking to reinforce their understanding.

    More Like This

    Use Quizgecko on...
    Browser
    Browser