CPCU 530

88 flashcardsby Brandon
Study these flashcardsFree · spaced repetition · iPhone, Android, Mac & web

All cards

1
What is a legally enforceable agreement between two or more parties?
Contract
2
Who is the party to a contract who promises to give something in return for a promise or an act by another party?
Offeror
3
Who is the party to a contract who makes a promise or acts in return for something offered by another party?
Offeree
4
What is something of value or bargained for and exchanged by the parties to a contract?
Consideration
5
What type of contract involves each party promising a performance?
Bilateral contract
6
What type of contract involves only one party making a promise or undertaking the requested performance?
Unilateral contract
7
What type of contract has been completely performed by both parties?
Executed contract
8
What type of contract has not been completely performed by one or both of the parties?
Executory contract
9
What type of contract has terms and intentions that are explicitly stated?
Express contract
10
What type of contract has terms and intentions indicated by the actions of the parties and surrounding circumstances?
Implied contract
11
What model code provides a consistent legal basis for business transactions throughout the United States?
Uniform Commercial Code (UCC)
12
What is a written or oral statement in a contract that certain facts are true?
Warranty
13
What is an explicit statement about a product by the seller that the buyer may rely on?
Express warranty
14
What is an obligation imposed on a seller to warrant certain facts about a product, even if not explicitly stated?
Implied warranty
15
What is the temporary possession of personal property by one party for a specific purpose?
Bailment
16
What legal doctrine allows an employer to terminate an employee at any time for any reason?
Employment at will
17
What is a cause of action an employee may have against an employer for illegal termination?
Wrongful discharge
18
What is the minimum qualification an employee needs under federal antidiscrimination laws?
Bona fide occupational qualification (BFOQ)
19
Who is an employee paid by the hour and eligible for overtime pay?
Nonexempt employee
20
Who is an employee paid a salary and not eligible for overtime pay?
Exempt employee
21
What type of contract requires performance only under certain conditions?
Conditional contract
22
What is the obligation to act in complete honesty and disclose all relevant facts?
Utmost good faith
23
What is a fact that is significant to a decision or matter at hand?
Material fact
24
What is a false statement of a material fact on which a party relies?
Misrepresentation
25
What clause states that an insurer cannot contest a policy after it has been in force for a specified period?
Incontestable clause
26
What is the period during which an insurer can challenge the validity of a life insurance policy?
Contestable period
27
What type of contract places one party in a "take-it-or-leave-it" position?
Contract of adhesion
28
What type of contract ensures an insurer pays an amount directly related to a covered loss?
Contract of indemnity
29
What principle states that insurance policies should provide no greater benefit than the loss suffered?
Principle of indemnity
30
What type of policy pays a stated amount regardless of the actual loss value?
Valued policy
31
What is a temporary agreement to provide insurance coverage until a formal policy is issued?
Binder
32
What law permits a negligence victim to sue an insurer directly?
Direct-action statute
33
What is the intentional relinquishment of a known right?
Waiver
34
What is the voluntary act of choosing between two alternative rights?
Election
35
What includes all tangible or intangible property that is not real property?
Personal property
36
What consists of land and all structures permanently attached to it?
Real property (realty)
37
What term refers to legal ownership of property?
Title
38
What type of property results from human intelligence and has economic value?
Intellectual property
39
What are the legal entitlements attached to the expressed form of an idea or other intangible subject matter?
Intellectual property rights
40
What is the legal right to exclusively own and control an original form of expression?
Copyright
41
What is the right granted by a government to an inventor for exclusive control of an invention?
Patent
42
What term refers to an increase or addition to property?
Accession
43
What is the intermingling of goods belonging to different owners?
Confusion
44
What is the voluntary transfer of property without consideration?
Gift
45
Who is the owner of personal property in a bailment?
Bailor
46
Who is the party temporarily possessing personal property in a bailment?
Bailee
47
What is an interest in an insurance policy that would cause financial loss if an insured event occurred?
Insurable interest
48
What is a creditor’s legal right in another’s property until a debt is satisfied?
Lien
49
What is a bailee’s right to retain possession of a bailor’s property as security?
Possessory lien
50
What term refers to all property owned by a person at the time of death?
Estate
51
What type of estate grants full ownership rights in a property?
Fee Simple Estate
52
What type of interest entitles a person to possession of real property for the duration of their life?
Life estate
53
What is the right to possession or ownership of property?
Tenancy
54
What is a concurrently owned estate that transfers to a surviving joint tenant upon death?
Joint tenancy
55
What is a joint tenancy between spouses?
Tenancy by the entirety
56
What type of ownership allows two or more individuals to hold property without survivorship rights?
Tenancy in common
57
What is property owned or acquired by both spouses during a marriage?
Community property
58
What type of ownership involves holding real estate through a corporation?
Cooperative ownership
59
What type of real estate consists of individually owned units with shared common areas?
Condominium
60
What document transfers interest in real property?
Deed
61
Who is the seller of real property?
Vendor
62
Who is the purchaser of real property?
Vendee
63
Who conveys property to another?
Grantor
64
Who is the buyer of real property after execution of the deed?
Grantee
65
What law requires certain contracts to be in writing to prevent fraud?
Statute of frauds
66
What interest in land provides security for the payment of a debt?
Mortgage
67
Who borrows money to finance the purchase of real property?
Mortgagor
68
Who is a lender in a mortgage arrangement?
Mortgagee
69
What legal proceeding terminates a mortgagor’s interest in property?
Foreclosure
70
What is the transfer of rights or property?
Assignment
71
Who is the recipient of transferred rights or interests?
Assignee
72
What secured interest in real property is held by a trustee to protect a lender?
Trust deed
73
What lien secures payment for property repairs?
Mechanic’s lien
74
What is the failure to exercise reasonable care to prevent harm?
Negligence
75
What is a wrongful act that invades a legally protected right?
Tort
76
Who commits a tort?
Tortfeasor
77
Who files a lawsuit?
Plaintiff
78
Who is the party against whom a complaint is filed?
Defendant
79
What law is developed through court decisions?
Common law (case law)
80
What standard determines reasonable care in a situation?
Reasonable person test
81
What legal doctrine shifts the burden of proof to multiple defendants when the responsible party is uncertain?
Alternative liability
82
What liability concept applies when manufacturers share responsibility for a harmful product?
Market share liability
83
What is the act of leaving a dangerous article with someone likely to misuse it?
Negligent entrustment
84
What statute protects individuals providing emergency aid from liability?
Good Samaritan law
85
What lawsuit allows one or a small group to represent many?
Class action lawsuit
86
What legal action exists for the survivors of a deceased person?
Wrongful death action
87
What expanded liability concept applies when all defendants acted together?
Concert of action
88
What is the body of law dealing with environmental protection?
Environmental law
Study all 88 cards for free