Podcast
Questions and Answers
Duress is?
Duress is?
Unconscionability is?
Unconscionability is?
Mistake to be relevant must be?
Mistake to be relevant must be?
Fraud to be relevant must?
Fraud to be relevant must?
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Quasi contracts are intended?
Quasi contracts are intended?
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Moral rules are?
Moral rules are?
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One of an agent's duties is?
One of an agent's duties is?
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Undue influence?
Undue influence?
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Capacity of the parties is?
Capacity of the parties is?
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A void contract is?
A void contract is?
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In case of voidable contract?
In case of voidable contract?
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Once a contract is closed?
Once a contract is closed?
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Contracts can be classified as follows?
Contracts can be classified as follows?
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An offer must?
An offer must?
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Waiver is?
Waiver is?
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International business transactions are regulated?
International business transactions are regulated?
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Discharge means?
Discharge means?
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Duties of the principal to the agent are?
Duties of the principal to the agent are?
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Silence or inactivity?
Silence or inactivity?
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A partnership can be creates ?
A partnership can be creates ?
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In a general partnership each partner ?
In a general partnership each partner ?
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Limited partnership requires?
Limited partnership requires?
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The existence of an implied partnership can be argued in case of?
The existence of an implied partnership can be argued in case of?
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In an LP certificate the following information are mandatory?
In an LP certificate the following information are mandatory?
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Franchisee?
Franchisee?
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Corporate 'veil' may be pierced case of?
Corporate 'veil' may be pierced case of?
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Public corporation?
Public corporation?
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Fundamental documents for creating a corporation are?
Fundamental documents for creating a corporation are?
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Sole proprietorship means?
Sole proprietorship means?
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Flashcards
Franchise
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
Joint Venture
An agreement between two or more parties to carry out a specific project or venture.
Licensing
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
Contract
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Consideration
Consideration
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Implied Contract
Implied Contract
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Quasi Contract
Quasi Contract
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Valid Contract
Valid Contract
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Void Contract
Void Contract
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Voidable Contract
Voidable Contract
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Meeting of the Minds
Meeting of the Minds
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Invitation to Offer
Invitation to Offer
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Offer
Offer
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Acceptance
Acceptance
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Fraud
Fraud
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Mistake
Mistake
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Undue Influence
Undue Influence
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Duress
Duress
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Capacity
Capacity
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Release
Release
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Unilateral Contract
Unilateral Contract
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Legality of Contract
Legality of Contract
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Breach of Contract
Breach of Contract
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Discharge
Discharge
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Damages
Damages
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Sole Proprietorship
Sole Proprietorship
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Partnership
Partnership
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Corporation
Corporation
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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.
Legal Capital
- 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.
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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.