Ch 6

46 flashcardsby Ashton
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1
Contracts have been enforced since at least the
Time of the Babylonians
2
A contract is
An enforceable agreement
3
Oral agreements are ______ enforceable as contracts.
Sometimes
4
A ______ contract involves two promises and two performances.
Bilateral
5
A reward offer is an example of a promise exchanged for a performance, which is called a(n) ______ contract.
Unilateral
6
A contract consists of
A set of promises enforceable by law
7
Quasi-contracts are also known as
Implied in law contracts
8
A(n) ______ contract is unenforceable by either party due to missing essential elements.
Void
9
A contract is ______ when the law allows one or more parties to cancel it under specific conditions.
Voidable
10
An ______ -in-law recovery happens when a party benefits from a service they did not request.
Implied
11
An unenforceable contract meets all the basic requirements but is subject to a(n) ______.
Legal defense
12
A(n) ______ contract contains all the essential elements needed for enforcement.
Valid
13
Contracts for services are governed by
State common law
14
Contracts for ______ are governed by statutory law.
Goods
15
A contract involving both goods and services is called a ______ contract.
Hybrid
16
To prevent one party from unfairly benefiting at another's expense, the law enforces a(n)
Quasi-contract
17
True or False: Hybrid contracts are always governed by statutory law.
False
18
A(n) ______ contract is legally valid but cannot be enforced due to specific legal defenses.
Unenforceable
19
When determining the source of law for a hybrid contract, courts consider
The uniqueness of the service provided
20
Another factor courts analyze in a hybrid contract is
The price allocation between goods and services
21
Three essential elements of a contract are
Mutual assent, consideration, and capacity
22
True or False: Both service and goods contracts are governed by state statutory law.
False
23
Mutual assent requires the parties to have a ______ and agree to be bound by specific obligations.
Meeting of the minds
24
A contract that includes both goods and services is called a
Hybrid contract
25
Most ______ do not constitute an offer because they lack a specific commitment to sell.
Advertisements
26
If an offer is ______, the offeree no longer has the power to accept it.
Terminated
27
Courts do not consider ______ when determining the governing law of a hybrid contract.
Contract period
28
An offer can be terminated either by ______ or by operation of law.
Actions of the parties
29
The mirror image rule applies to ______ contracts, but not to ______ contracts.
Common law; UCC
30
An offer and acceptance process is required to establish
Mutual assent
31
A(n) ______ occurs when a change in law renders a previously valid offer illegal.
Supervening illegality
32
Most advertisements displayed in stores, media, or online are
Not offers
33
The mailbox rule states that an acceptance is valid when it is ______, as long as it is sent in a reasonable manner.
Dispatched
34
If an offer has not been ______, the offeree may still accept it and form an agreement.
Terminated
35
A ______ in contract law is an incorrect belief that does not align with the facts.
Mistake
36
An offer can be terminated by the following actions
Counteroffer, rejection, or revocation
37
If the offeree makes a counteroffer, the original offer is considered
Rejected
38
Any variation from the original offer results in a rejection under the ______ rule.
Mirror image
39
A counteroffer is created when
An offeree proposes different terms instead of accepting the original offer
40
______ occurs when an employer offers a job to an at-will employee but revokes the offer before or shortly after employment begins.
Promissory estoppel
41
If no time limit is set by the offeror, the offer will expire after
A reasonable period
42
The legal ability to enter into a contract is called
Capacity
43
The ______ rule applies to common law contracts and determines when acceptance is effective.
Mailbox
44
A unilateral mistake generally does not
Invalidate a contract
45
One essential element of a contract is ______, which ensures a bargained-for exchange.
Consideration
46
In cases of promissory estoppel, courts typically award damages for
Out-of-pocket costs and lost opportunities







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