Miscellaneous Quiz / BLA Exam 1

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Can you name the BLA Exam 1?

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the common law concept providing that no terms of the offer can be changed in the acceptance. If the acceptance looks idfferent from the offer, it will be considered a counteroffer
a contarct implied by a court of law. It is the same as a quasi-contract. The court will conclude that a contract exists based on waht has transpired between the parties
An agreement or exchange of promises that is legally enforceable
a condition that is not agreed upon by the parties or mentioned in the contract but rather is supplied by the court in the interest of fairness
a condition that must be met before a party's promise under a contract becomes absolute
damages that do not directly flow from the breach of contract but instead occur as a secondary result of the breach
a third-party beneficiary not mentioned in the contract
a contract in which both parties make promises to each other
a model law that has been adopted separately by each state to facilitate making the law of sales and commercial transaction generally uniform across the different states so that th
remedy that provides the injure dparty with the value of the property provided to the other party
a party's appointment of another person to fulfill the duties required of the party under the contract
a contract in which one party makes a promise and the other party performs in some way
a remedy whereby whereby a party is made whole under a contract by the return of lost property
an agreement by both parties to relieve on another of the obligation to perform
a movable item as defined by the ucc
promises to be performed in the future
someone who recceives a benefit under a contract that he or she is not a party to
a buyer or seller of goods with specialized knowledge about that good. This includes any commercial sellers of a product int he ordinary course of business
depending on a fact to be true when taking some action
a set of state laws and UCC provisions hat list contracts that must be in writing in order to be enforceable
the party making an offer
a mistake by only on party to the contract
a model law that was created in an attempt to make state governing of e-signatures more uniform. Under the UETA most contracts must be signed by the parties against whom enforcemen
a federal law that provides that all contracts, records, or signatures, that are in electronic form are legally valid to the extent they would be legally valid if they were in prin
a legal concept embodied in the UCC that recognizes that parties develop contractual habits after dealing with one another over the years. A court will itnerpret the pattern of bus
any commerce in electronic form
remedy that provides the injured party with the value of the service provided to the other party
a contraact conerning the sale of goods and not services
HintAnswer
the timely withdrawal of an offer
a misstatement of fact
discussing the parties' agreement but not purporting to be a full expression of the agreement
repudiation of a contractual duty by one party to a contract before performance is due when the other party to the contract makes clear statements or conducts himself in such a way
a knowing misrepresentation of the truth or concealment of a materail fact to trick someone into entering into a transaction that he or she would otherwise not have entered into
the resolution of a dispute outside the court system through an agreement of the parties that a third party will decide the dispute
a promise that is based on the whim of the promisor but without the intention to really perform
a legal concept embodied in the ucc that recognizes that parties develop contractual habits after dealing with one another over the years. A court will interpret the pattern of bus
the purposefulness of forming a contractual relationship
a proposal by one party to another showing an intent to enter into a valid contract
full expression of the parties' agreement
something received as a a part of a contract
a cour-ordered requirement that a party perform an obligation under the contract
a civil wrongful act (other than breach of contract) causing harm or injury, for which relief may be obtained, usually in the form of damages
the party to whom an offer is made
a remedy under which a court rewrites all or part of a contract
something that was done previsouly without expectation of payment or receipt of something in return
a requirment for the fomation of a valid and enforceable contract, meaing that the purpose of the contract must be legal
compensation paid to a party not to make the injured party whole, but rather to punish the wrongdoer for extreme or outrageous conduct
an amount agreed upon at the making of the contract to be recovered by one party if the other party breaches
theory used to discharge a contract that has lost its purpose because of a change in circumstance, although performance is not technically impossible
a fact that is important to a person in deciding whether to enter into a particular transaction
a promise to pay with no conditions and no reference to other agreements
the legal ability of a person to enter into a contractual relationship
the transfer of a party's rights under a contract to someone else
a contract under which a buyer agrees to buy from a seller all that the buyer requires of a certain item or items
a contract entered into electronically
a court order requiring a party to a dispute to do or refrain from doing something
HintAnswer
manifestation of assent to the offer proposed
a rule of contract construction that says a written agreement purporting to be the full and final expression of the parties' intention may not be altered or contradicted by evidenc
a legal conept embodied in the UCC that recognizes that the standard practice or set of practices in a particular type of business or trade in a certain region should guide the int
how the parties have done business together in the past
a valid offer by the offeror and a valid acceptance by the offeree
loss or harm that comes from a person's acting based on wrong infromation, therby placing him or her in a worse position than if no action had been taken (when referring to misrepr
a misunderstanding that materially impacts the contract
a contract created by verbal discussion but not memorialized in writing
a clause in a contract that describes how disputes that arise under the contract are to be resolved
improper pressure on another party in order to force the other party to do something against his or her will
cash compensation for a breach of contract limited to the provable amount required to make the injured party whole
the act of substitution someone else for a party to a contract
a historical cause of action for recovery for breach of contract. It is based in tort law
a condition that the parties have agreed upon and that is explicitly stated in the contract
something given up as a part of a contract 9when referring to consideration)
a remedy whereby a party 'takes back' any promise made under the contract
uniform computer information transactions act, which governs contracts for pure software or software embedded in goods
reduction of damages through the efforts of the injured party. This is a self-help requirment.
test applied by the court to determine whether the ucc applies when a contract contains both a sales element and a service elemnt with which the court identifies which of the two e
the bargain of the contract-a benefit conferred by or detriment incurred at the request of the other party
a written instrument of commerce that includes a promise to pay or order for payment to be mde
an agreement by one party to accept as full payment the other party's payment of less than the full sum of a debt owed
a contract implied by a court of law
a mistake on which both parties to the contract act
a third-party beneficiary
an act that looks like an offer but is simply an invitation to start the negotiation process to come in and buy

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Created Oct 3, 2011ReportFavoriteNominate
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