Contracts Overview and Types

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Questions and Answers

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.

promise

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.

<p>seller</p> Signup and view all the answers

______ conditions apply to all contracts.

<p>General</p> Signup and view all the answers

Contracts can be ______ or written.

<p>oral</p> Signup and view all the answers

The most common business contract is the ______ of goods.

<p>supply</p> Signup and view all the answers

Most contracts are ______, with a promise exchanged for performance of an act.

<p>bilateral</p> Signup and view all the answers

If neither party has fulfilled their obligations, the consideration is the mutual ______ of rights.

<p>waiver</p> Signup and view all the answers

If performing the contract becomes impossible, it's ______.

<p>void</p> Signup and view all the answers

If the contract isn't enforced within a specified time (period of limitation), it's ______.

<p>discharged</p> Signup and view all the answers

Contracts are ______ if a party dies, particularly those involving personal service.

<p>discharged</p> Signup and view all the answers

Breach occurs when a party fails to fulfill their ______ obligations.

<p>contractual</p> Signup and view all the answers

______ breach: One party declares they won't fulfill their obligations before the performance is due.

<p>Anticipatory</p> Signup and view all the answers

______ breach: A party fails to fulfill their obligations at the due date, or only partially meets the terms.

<p>Actual</p> Signup and view all the answers

Damages: A sum of money to compensate for ______ loss.

<p>financial</p> Signup and view all the answers

Rescission: The contract is ______, returning parties to their pre-contractual positions.

<p>undone</p> Signup and view all the answers

Specific performance: The breaching party must fulfill their ______ duties.

<p>contractual</p> Signup and view all the answers

______ performance occurs when a party accepts a portion of the performance from the other party.

<p>Partial</p> Signup and view all the answers

Complete performance occurs when all ______ of the contract are met.

<p>conditions</p> Signup and view all the answers

Europcar's offer: Based on the criteria, Europcar presents several offers matching the ______.

<p>request</p> Signup and view all the answers

A contract exists upon acceptance of the offer by the ______.

<p>customer</p> Signup and view all the answers

______ is crucial because it signifies mutual agreement, forming a legally binding contract.

<p>Acceptance</p> Signup and view all the answers

Clarke insures his factory with three companies and it burns down, he can only claim from ______.

<p>one</p> Signup and view all the answers

You can only insure something in which you have an ______ interest—where you stand to make a personal or business loss.

<p>insurable</p> Signup and view all the answers

Liability is being legally ______ by law.

<p>responsible</p> Signup and view all the answers

Negligence is the ______ to exercise the care a reasonable person would in the same circumstance.

<p>failure</p> Signup and view all the answers

Alleynes' ability to claim on its freezer insurance involves ______ good faith (truthful claim details) and proximate cause (power outage causing ice cream melt).

<p>utmost</p> Signup and view all the answers

A ______ policy pays a lump sum after a specific term or upon death.

<p>endowment</p> Signup and view all the answers

______ insurance protects against employee dishonesty or fraud.

<p>Fidelity</p> Signup and view all the answers

Insurance reduces ______ in business, a inherently risky endeavor.

<p>risk</p> Signup and view all the answers

Insurance allows businesses to ______ potential financial losses from various unforeseen events, thus boosting their confidence to engage in more ventures.

<p>mitigate</p> Signup and view all the answers

______ credit insurance specifically benefits exporters.

<p>Trade</p> Signup and view all the answers

A ______ note is a document indicating additional money owed due to errors or additional charges.

<p>debit</p> Signup and view all the answers

A ______ of account summarizes all transactions and payments between the buyer and seller over a specific period.

<p>statement</p> Signup and view all the answers

The ______ form would include specific book titles and ISBNs, quantities of each book, agreed prices, and delivery address.

<p>order</p> Signup and view all the answers

An invoice is a formal request for ______ from a supplier to a buyer.

<p>payment</p> Signup and view all the answers

The ______ amount owed is the final amount due on an invoice.

<p>total</p> Signup and view all the answers

A ______ invoice acts as a contractual agreement between the buyer and seller.

<p>pro forma</p> Signup and view all the answers

A purchase requisition form is used by a ______ to order supplies.

<p>department</p> Signup and view all the answers

A statement of account shows the ______ balance, transactions during the period, and closing balance.

<p>opening</p> Signup and view all the answers

A ______ card tracks stock levels.

<p>stock</p> Signup and view all the answers

An ______ contract is an agreement made with an insurer to pay premiums in exchange for cover.

<p>insurance</p> Signup and view all the answers

______ of risk means insurance companies pool premiums from many clients to pay out claims for a smaller number of clients.

<p>Pooling</p> Signup and view all the answers

Subrogation means to take the place of the ______ for which the claim is made.

<p>goods/property</p> Signup and view all the answers

Proximate cause is the original event that caused the ______ or loss.

<p>injury</p> Signup and view all the answers

Indemnity puts someone back in their position before a ______.

<p>loss</p> Signup and view all the answers

Utmost good faith means all parties in an insurance agreement have disclosed all relevant information ______.

<p>honestly</p> Signup and view all the answers

A ______ is a proposal establishing willingness to enter a legal agreement.

<p>offer</p> Signup and view all the answers

In a contract, ______ is the act of agreeing to the terms of an offer.

<p>acceptance</p> Signup and view all the answers

A ______ contract is one under seal, often used for serious transactions like land sales or mortgages.

<p>specialty</p> Signup and view all the answers

A contract declared by a court of law and entered into court records is called a ______ of record.

<p>contract</p> Signup and view all the answers

A simple contract must involve ______ of the parties, meaning they have the legal capacity to enter into an agreement.

<p>competence</p> Signup and view all the answers

The parties involved in a contract must have the ______ to create legal relations, meaning they intend to be legally bound by their agreement.

<p>intention</p> Signup and view all the answers

In a contract, ______ is the exchange of something of value for another thing of value.

<p>consideration</p> Signup and view all the answers

______ consideration is an immediate exchange of value, while ______ consideration involves an exchange that will happen in the future.

<p>executory</p> Signup and view all the answers

______ agreement occurs when both parties exchange promises, each serving as consideration for the other.

<p>Bilateral</p> Signup and view all the answers

A ______ agreement is when one party makes a promise in exchange for the other party's performance.

<p>unilateral</p> Signup and view all the answers

The party making an offer is called the ______.

<p>offeror</p> Signup and view all the answers

The party receiving an offer is called the ______.

<p>offeree</p> Signup and view all the answers

A ______ is a response to an offer that changes the original terms, effectively terminating the original offer.

<p>counter-offer</p> Signup and view all the answers

A display of goods in a store is typically considered an ______ to treat, not a legally binding offer.

<p>invitation</p> Signup and view all the answers

The case of ______ v. ______ Smoke Ball Co. (1893) highlights the concept of offers made to the world.

<p>Carbolic</p> Signup and view all the answers

Acceptance of an offer must be ______ and ______, meaning it cannot be conditional or add new terms.

<p>unqualified</p> Signup and view all the answers

The contract is formed when the ______ is received by the offeror.

<p>acceptance</p> Signup and view all the answers

For postal acceptance, the contract is formed when the ______ is posted.

<p>acceptance</p> Signup and view all the answers

The person who accepts an offer is known as the ______.

<p>acceptor</p> Signup and view all the answers

A contract can be ______ (terminated) when the obligations of both parties are fulfilled or under certain circumstances.

<p>discharged</p> Signup and view all the answers

One way to discharge a contract is by ______, where both parties mutually agree to end the contract.

<p>agreement</p> Signup and view all the answers

The most common method of contract discharge is through ______, where all parties fulfill their obligations.

<p>performance</p> Signup and view all the answers

A ______ is a guarantee given on the performance of a product or service.

<p>warranty</p> Signup and view all the answers

A contract can be discharged by ______ of contract, which occurs when one party fails to fulfill their obligations.

<p>breach</p> Signup and view all the answers

The contract's duration expiring is a method of discharge known as ______ of time.

<p>lapse</p> Signup and view all the answers

An unforeseen event that makes contract performance impossible is known as ______ or frustration.

<p>impossibility</p> Signup and view all the answers

Flashcards

Contract

A legal agreement enforceable by law between two or more entities.

Consideration

The value or benefit exchanged in a contract, such as money or services.

Bilateral Contract

A contract where both parties exchange promises to perform an act.

Oral vs Written Contracts

Contracts can be spoken (oral) or documented (written), with written being more enforceable.

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Types of Contracts

Various categories, such as employment, supply of goods, and financial services contracts.

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Simple Contract

A contract involving an offer and acceptance without needing a deed.

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Specific Conditions

Unique rules that apply to certain contracts, like penalties or payment terms.

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Conditions of a Contract

General and specific conditions that define expectations and responsibilities of parties.

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Insurable Interest

The requirement that you can only insure something in which you have a personal or business stake.

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Liability

The legal responsibility by law for one's actions or omissions.

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Negligence

Failure to exercise reasonable care, leading to unintended harm.

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Contribution Principle

When multiple insurances exist, only one can pay out; that company can claim from others.

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Term Insurance Policy

Life insurance that pays out only if the insured dies within a specified term.

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Whole Life Insurance

Policy that pays out upon death, regardless of when it occurs.

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Product Liability Insurance

Covers legal responsibility for harm caused by a product used by the consumer.

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Employer's Liability Insurance

Covers accidents involving employees during work activities.

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Trade Credit Insurance

Insurance for export businesses to cover risks of buyer defaulting on payments.

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Pooling of Risk Principle

Sharing risk among multiple insured entities to reduce individual loss burden.

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Impossibility

Contract is void if performance becomes impossible.

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Lapse of Time

Contract discharged if not enforced within a set period.

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Breach of Contract

When a party fails to fulfill contractual obligations.

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Anticipatory Breach

One party declares they won't fulfill obligations before performance is due.

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Actual Breach

Party fails to meet obligations by due date or partially fulfills them.

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Damages

Monetary compensation for financial loss due to breach.

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Rescission

Contract undone, returning parties to pre-contract positions.

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Specific Performance

The breaching party must fulfill their contractual duties.

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Partial Performance

Acceptance of a portion of the performance from the other party.

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Complete Performance

All conditions of the contract are fully met.

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Offeror

The party who makes an offer in a contract.

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Offeree

The party who receives an offer in a contract.

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Importance of Contract Terms

Terms outline promises and form the basis for legal judgments.

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Business Documentation

Accurate records are essential for tracking and legal compliance.

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Contract Elements

Key components essential for a contract: offer, acceptance, legality.

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Acceptance

Agreement to the terms laid out in the offer.

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Specialty Contract

A formal contract under seal, stricter than a simple contract.

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Contracts of Record

Contracts recorded by a court, offering conclusive proof.

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Competence of the Parties

Both parties must have legal capacity to contract.

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Intention to Create Legal Relations

Parties must intend for their agreement to be legally binding.

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Executed Consideration

Exchange of value occurs immediately in a contract.

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Executed Contract

A contract where obligations are fulfilled and signed.

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Discharge of a Contract

Termination of a contract when obligations are fulfilled or canceled.

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Novation

Replacing an existing contract with a new one by mutual agreement.

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Counter-Offer

A response to an offer that changes the terms, voiding the original.

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Postal Acceptance

A contract is formed when acceptance is posted, not when received.

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Debit Note

A document indicating additional money owed due to errors or additional charges.

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Statement of Account

A summary of all transactions and payments between the buyer and seller over a specific period.

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Pro Forma Invoice

A preliminary invoice sent before goods are delivered, outlining the terms of sale.

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Purchase Requisition

A formal order form used by a department to order supplies.

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Invoice

A document sent by a supplier to establish the buyer's obligation to pay.

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Tax Compliance Documents

Documents vital for dealing with tax authorities that provide evidence for tax calculations.

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Subrogation

The insurance principle where the insurer takes the place of the insured after compensation is paid.

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Proximate Cause

The original event that caused the injury or loss covered by insurance.

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Indemnity

The principle that compensates a person to return them to their financial position before a loss.

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Utmost Good Faith

The insurance principle requiring all parties to disclose relevant information honestly.

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Pooling of Risk

Insurance companies accumulate premiums from many clients to pay claims for fewer clients.

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Total Amount Owed

The final amount due on an invoice, including all charges and taxes.

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Invoice Number

A unique identifier assigned to each invoice for tracking purposes.

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Insurance Contract

An agreement where the insured pays premiums to receive coverage in case of a loss.

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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.
  • 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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