Podcast
Questions and Answers
A ______ is a legal and lawful agreement, enforceable by law, with specific terms between two or more people or entities.
A ______ is a legal and lawful agreement, enforceable by law, with specific terms between two or more people or entities.
contract
A contract involves a ______ to do something in return for a valuable benefit.
A contract involves a ______ to do something in return for a valuable benefit.
promise
The ______ might fail to work appropriately or keep to the expected schedule.
The ______ might fail to work appropriately or keep to the expected schedule.
employee
The ______ might provide a good or service that doesn't meet the buyer's expectations.
The ______ might provide a good or service that doesn't meet the buyer's expectations.
______ conditions apply to all contracts.
______ conditions apply to all contracts.
Contracts can be ______ or written.
Contracts can be ______ or written.
The most common business contract is the ______ of goods.
The most common business contract is the ______ of goods.
Most contracts are ______, with a promise exchanged for performance of an act.
Most contracts are ______, with a promise exchanged for performance of an act.
If neither party has fulfilled their obligations, the consideration is the mutual ______ of rights.
If neither party has fulfilled their obligations, the consideration is the mutual ______ of rights.
If performing the contract becomes impossible, it's ______.
If performing the contract becomes impossible, it's ______.
If the contract isn't enforced within a specified time (period of limitation), it's ______.
If the contract isn't enforced within a specified time (period of limitation), it's ______.
Contracts are ______ if a party dies, particularly those involving personal service.
Contracts are ______ if a party dies, particularly those involving personal service.
Breach occurs when a party fails to fulfill their ______ obligations.
Breach occurs when a party fails to fulfill their ______ obligations.
______ breach: One party declares they won't fulfill their obligations before the performance is due.
______ breach: One party declares they won't fulfill their obligations before the performance is due.
______ breach: A party fails to fulfill their obligations at the due date, or only partially meets the terms.
______ breach: A party fails to fulfill their obligations at the due date, or only partially meets the terms.
Damages: A sum of money to compensate for ______ loss.
Damages: A sum of money to compensate for ______ loss.
Rescission: The contract is ______, returning parties to their pre-contractual positions.
Rescission: The contract is ______, returning parties to their pre-contractual positions.
Specific performance: The breaching party must fulfill their ______ duties.
Specific performance: The breaching party must fulfill their ______ duties.
______ performance occurs when a party accepts a portion of the performance from the other party.
______ performance occurs when a party accepts a portion of the performance from the other party.
Complete performance occurs when all ______ of the contract are met.
Complete performance occurs when all ______ of the contract are met.
Europcar's offer: Based on the criteria, Europcar presents several offers matching the ______.
Europcar's offer: Based on the criteria, Europcar presents several offers matching the ______.
A contract exists upon acceptance of the offer by the ______.
A contract exists upon acceptance of the offer by the ______.
______ is crucial because it signifies mutual agreement, forming a legally binding contract.
______ is crucial because it signifies mutual agreement, forming a legally binding contract.
Clarke insures his factory with three companies and it burns down, he can only claim from ______.
Clarke insures his factory with three companies and it burns down, he can only claim from ______.
You can only insure something in which you have an ______ interest—where you stand to make a personal or business loss.
You can only insure something in which you have an ______ interest—where you stand to make a personal or business loss.
Liability is being legally ______ by law.
Liability is being legally ______ by law.
Negligence is the ______ to exercise the care a reasonable person would in the same circumstance.
Negligence is the ______ to exercise the care a reasonable person would in the same circumstance.
Alleynes' ability to claim on its freezer insurance involves ______ good faith (truthful claim details) and proximate cause (power outage causing ice cream melt).
Alleynes' ability to claim on its freezer insurance involves ______ good faith (truthful claim details) and proximate cause (power outage causing ice cream melt).
A ______ policy pays a lump sum after a specific term or upon death.
A ______ policy pays a lump sum after a specific term or upon death.
______ insurance protects against employee dishonesty or fraud.
______ insurance protects against employee dishonesty or fraud.
Insurance reduces ______ in business, a inherently risky endeavor.
Insurance reduces ______ in business, a inherently risky endeavor.
Insurance allows businesses to ______ potential financial losses from various unforeseen events, thus boosting their confidence to engage in more ventures.
Insurance allows businesses to ______ potential financial losses from various unforeseen events, thus boosting their confidence to engage in more ventures.
______ credit insurance specifically benefits exporters.
______ credit insurance specifically benefits exporters.
A ______ note is a document indicating additional money owed due to errors or additional charges.
A ______ note is a document indicating additional money owed due to errors or additional charges.
A ______ of account summarizes all transactions and payments between the buyer and seller over a specific period.
A ______ of account summarizes all transactions and payments between the buyer and seller over a specific period.
The ______ form would include specific book titles and ISBNs, quantities of each book, agreed prices, and delivery address.
The ______ form would include specific book titles and ISBNs, quantities of each book, agreed prices, and delivery address.
An invoice is a formal request for ______ from a supplier to a buyer.
An invoice is a formal request for ______ from a supplier to a buyer.
The ______ amount owed is the final amount due on an invoice.
The ______ amount owed is the final amount due on an invoice.
A ______ invoice acts as a contractual agreement between the buyer and seller.
A ______ invoice acts as a contractual agreement between the buyer and seller.
A purchase requisition form is used by a ______ to order supplies.
A purchase requisition form is used by a ______ to order supplies.
A statement of account shows the ______ balance, transactions during the period, and closing balance.
A statement of account shows the ______ balance, transactions during the period, and closing balance.
A ______ card tracks stock levels.
A ______ card tracks stock levels.
An ______ contract is an agreement made with an insurer to pay premiums in exchange for cover.
An ______ contract is an agreement made with an insurer to pay premiums in exchange for cover.
______ of risk means insurance companies pool premiums from many clients to pay out claims for a smaller number of clients.
______ of risk means insurance companies pool premiums from many clients to pay out claims for a smaller number of clients.
Subrogation means to take the place of the ______ for which the claim is made.
Subrogation means to take the place of the ______ for which the claim is made.
Proximate cause is the original event that caused the ______ or loss.
Proximate cause is the original event that caused the ______ or loss.
Indemnity puts someone back in their position before a ______.
Indemnity puts someone back in their position before a ______.
Utmost good faith means all parties in an insurance agreement have disclosed all relevant information ______.
Utmost good faith means all parties in an insurance agreement have disclosed all relevant information ______.
A ______ is a proposal establishing willingness to enter a legal agreement.
A ______ is a proposal establishing willingness to enter a legal agreement.
In a contract, ______ is the act of agreeing to the terms of an offer.
In a contract, ______ is the act of agreeing to the terms of an offer.
A ______ contract is one under seal, often used for serious transactions like land sales or mortgages.
A ______ contract is one under seal, often used for serious transactions like land sales or mortgages.
A contract declared by a court of law and entered into court records is called a ______ of record.
A contract declared by a court of law and entered into court records is called a ______ of record.
A simple contract must involve ______ of the parties, meaning they have the legal capacity to enter into an agreement.
A simple contract must involve ______ of the parties, meaning they have the legal capacity to enter into an agreement.
The parties involved in a contract must have the ______ to create legal relations, meaning they intend to be legally bound by their agreement.
The parties involved in a contract must have the ______ to create legal relations, meaning they intend to be legally bound by their agreement.
In a contract, ______ is the exchange of something of value for another thing of value.
In a contract, ______ is the exchange of something of value for another thing of value.
______ consideration is an immediate exchange of value, while ______ consideration involves an exchange that will happen in the future.
______ consideration is an immediate exchange of value, while ______ consideration involves an exchange that will happen in the future.
______ agreement occurs when both parties exchange promises, each serving as consideration for the other.
______ agreement occurs when both parties exchange promises, each serving as consideration for the other.
A ______ agreement is when one party makes a promise in exchange for the other party's performance.
A ______ agreement is when one party makes a promise in exchange for the other party's performance.
The party making an offer is called the ______.
The party making an offer is called the ______.
The party receiving an offer is called the ______.
The party receiving an offer is called the ______.
A ______ is a response to an offer that changes the original terms, effectively terminating the original offer.
A ______ is a response to an offer that changes the original terms, effectively terminating the original offer.
A display of goods in a store is typically considered an ______ to treat, not a legally binding offer.
A display of goods in a store is typically considered an ______ to treat, not a legally binding offer.
The case of ______ v. ______ Smoke Ball Co. (1893) highlights the concept of offers made to the world.
The case of ______ v. ______ Smoke Ball Co. (1893) highlights the concept of offers made to the world.
Acceptance of an offer must be ______ and ______, meaning it cannot be conditional or add new terms.
Acceptance of an offer must be ______ and ______, meaning it cannot be conditional or add new terms.
The contract is formed when the ______ is received by the offeror.
The contract is formed when the ______ is received by the offeror.
For postal acceptance, the contract is formed when the ______ is posted.
For postal acceptance, the contract is formed when the ______ is posted.
The person who accepts an offer is known as the ______.
The person who accepts an offer is known as the ______.
A contract can be ______ (terminated) when the obligations of both parties are fulfilled or under certain circumstances.
A contract can be ______ (terminated) when the obligations of both parties are fulfilled or under certain circumstances.
One way to discharge a contract is by ______, where both parties mutually agree to end the contract.
One way to discharge a contract is by ______, where both parties mutually agree to end the contract.
The most common method of contract discharge is through ______, where all parties fulfill their obligations.
The most common method of contract discharge is through ______, where all parties fulfill their obligations.
A ______ is a guarantee given on the performance of a product or service.
A ______ is a guarantee given on the performance of a product or service.
A contract can be discharged by ______ of contract, which occurs when one party fails to fulfill their obligations.
A contract can be discharged by ______ of contract, which occurs when one party fails to fulfill their obligations.
The contract's duration expiring is a method of discharge known as ______ of time.
The contract's duration expiring is a method of discharge known as ______ of time.
An unforeseen event that makes contract performance impossible is known as ______ or frustration.
An unforeseen event that makes contract performance impossible is known as ______ or frustration.
Flashcards
Contract
Contract
A legal agreement enforceable by law between two or more entities.
Consideration
Consideration
The value or benefit exchanged in a contract, such as money or services.
Bilateral Contract
Bilateral Contract
A contract where both parties exchange promises to perform an act.
Oral vs Written Contracts
Oral vs Written Contracts
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Types of Contracts
Types of Contracts
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Simple Contract
Simple Contract
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Specific Conditions
Specific Conditions
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Conditions of a Contract
Conditions of a Contract
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Insurable Interest
Insurable Interest
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Liability
Liability
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Negligence
Negligence
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Contribution Principle
Contribution Principle
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Term Insurance Policy
Term Insurance Policy
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Whole Life Insurance
Whole Life Insurance
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Product Liability Insurance
Product Liability Insurance
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Employer's Liability Insurance
Employer's Liability Insurance
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Trade Credit Insurance
Trade Credit Insurance
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Pooling of Risk Principle
Pooling of Risk Principle
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Impossibility
Impossibility
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Lapse of Time
Lapse of Time
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Breach of Contract
Breach of Contract
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Anticipatory Breach
Anticipatory Breach
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Actual Breach
Actual Breach
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Damages
Damages
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Rescission
Rescission
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Specific Performance
Specific Performance
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Partial Performance
Partial Performance
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Complete Performance
Complete Performance
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Offeror
Offeror
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Offeree
Offeree
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Importance of Contract Terms
Importance of Contract Terms
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Business Documentation
Business Documentation
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Contract Elements
Contract Elements
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Acceptance
Acceptance
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Specialty Contract
Specialty Contract
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Contracts of Record
Contracts of Record
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Competence of the Parties
Competence of the Parties
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Intention to Create Legal Relations
Intention to Create Legal Relations
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Executed Consideration
Executed Consideration
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Executed Contract
Executed Contract
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Discharge of a Contract
Discharge of a Contract
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Novation
Novation
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Counter-Offer
Counter-Offer
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Postal Acceptance
Postal Acceptance
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Debit Note
Debit Note
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Statement of Account
Statement of Account
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Pro Forma Invoice
Pro Forma Invoice
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Purchase Requisition
Purchase Requisition
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Invoice
Invoice
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Tax Compliance Documents
Tax Compliance Documents
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Subrogation
Subrogation
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Proximate Cause
Proximate Cause
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Indemnity
Indemnity
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Utmost Good Faith
Utmost Good Faith
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Pooling of Risk
Pooling of Risk
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Total Amount Owed
Total Amount Owed
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Invoice Number
Invoice Number
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Insurance Contract
Insurance Contract
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Study Notes
Contracts
- A contract is a legally binding agreement between two or more parties, outlining specific terms and conditions.
- It involves a promise (consideration) from one party in exchange for a valuable benefit from another.
- Examples include employment contracts, sales contracts, and contracts of agency.
- Contracts can be oral or written; written contracts are easier to enforce in court.
- Contracts can also be implied, based on the conduct of the parties involved.
- Key elements: offer, acceptance, capacity, intention to create legal relations, and consideration.
Types of Contracts
- Simple Contracts: No seal required; binding based on offer, acceptance, and consideration.
- Specialty Contracts: Formal contracts under a seal (signing, sealing, delivering). Require more formality than simple contracts.
- Contract of record: Established by a court of law; legally binding and recorded in court records. This offers the strongest evidentiary support.
Conditions of a Contract
- General conditions: Apply to all contracts.
- Specific conditions: Unique to a particular contract.
Characteristics of a Simple Contract
- Offer and acceptance: Clear agreement between parties.
- Competence of parties: Parties must be of legal age and sound mind.
- Intention to create legal relations: Parties must intend for the agreement to be legally binding.
- Consideration: Each party must exchange something of value. This can be an act, a promise, or a forbearance. Consideration must be sufficient, but does not have to be equal to the other party's consideration.
Simple Contract: Offer and Acceptance
- Offeror: Party making the offer.
- Offeree: Party receiving the offer.
- An offer must be clear, communicated, and genuine.
- Acceptance must be in the manner specified by the offeror.
- A counteroffer voids the original offer.
Competence of Parties
- Parties must be of legal age.
- Parties must be of sound mind.
- Minors typically cannot enter certain binding contracts.
- Contracts entered under duress are void.
Intention to Create Legal Relations
- Courts often presume intention to create legal relations in business contracts.
- Presumption may be absent in social or domestic situations.
Consideration
- Consideration is the exchange of something valuable.
- Executed consideration: Immediate exchange.
- Executory consideration: Exchange happens in the future.
- Bilateral agreement: Exchange of promises.
- Unilateral agreement: One promise in exchange for performance.
Discharge of a Contract
- Discharge: Contract termination.
- Methods include: by agreement, by performance, by breach, by impossible circumstances (frustration), by lapse of time.
Discharge by Performance
- Complete Performance: Parties fulfill all terms.
- Substantial Performance: Parties fulfill most, but not all, terms. Might have valid claims for the terms remaining.
- Variations of terms: Can happen via an agreement, acceptance or waiver.
Breach of Contract
- Anticipatory breach: Declaration that one party won't fulfill. The offended party can immediately take action or wait.
- Actual breach: Failure to perform on the scheduled date of the contract.
Remedies for Breach of Contract
- Damages: Compensate for financial losses.
- Rescission: Terminate the contract.
- Specific performance: Force the breaching party to perform.
- Injunction: Prevent the breaching party from doing something.
Insurance Principles
- Subrogation: Insurance company takes over the rights of insured against a third party.
- Proximate cause: The original event that caused the loss. The event is covered if within the policy terms.
- Indemnity: Insured is restored to their original position before the loss.
- Utmost Good Faith: Honest disclosure of information by all parties.
- Contribution: Insured can only claim from a single insurer for a covered loss.
- Insurable Interest: Insured must stand to lose something financially due to the event.
- Liability and Negligence: Legal responsibility and failure to exercise reasonable care.
Insurance Policies
- Life Insurance: Covers death, with varying payments.
- Non-life Insurance: Covers various risks in business, with a wide range of policies (e.g., fire, product liability).
Trade Credit Insurance
- Protects exporters against non-payment by foreign buyers.
- Helps increase confidence in international trade.
Business Documents
- Various business documents (like invoices, purchase orders, stock cards) are crucial for tracking and handling financial transactions.
- Their usage is essential for maintaining accurate financial records and complying with legal requirements.
Case Studies
- Carlill v Carbolic Smoke Ball Co.: Landmark case highlighting offers made to the public becoming legally binding.
- Europcar Case Study: Illustrates the steps in contract formation, such as offer, acceptance, and formation of a contract.
- NH International (Caribbean) Case Study: Shows the importance of contract terms, especially when financial information is critical.
- Television Jamaica Case Study: Illustrates contract breach and associated compensation.
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