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Business Law: Chapter 5 Contracts 2

AB
contractAny agreement enforceable by law
Equity theoryParties to a contract exchange things of equal value
Will theoryDid both parties agree to the terms?
Formalist theoryDid the parties “reach a meeting of the minds”?
ContractAny agreement enforceable by law.
Revocationtaking back of an offer by the offeror, withdraw before it has been accepted
Considerationexchange of things of value, one thing of value promised in exchange for something else of value
Legalitycan’t involve illegal acts
Genuine Agreementa valid offer met by a valid acceptance
Acceptanceagreement of the offeree to be bound by the terms of the offer
Offerproposal by one party to another intended to create a legally binding agreement
Validcontract that is legally good
voidablea party is able to void or cancel a contract
Voidcontract that has no legal effect
negotiable instrumentschecks, notes, CD
executedHas been fully performed by all parties to the contract
executoryThe terms have not been fully carried out by all parties
unilateralA promise by only one person to do something if the other party acts
bilateralOne party promises to do something in exchange for the other’s promise to do something else in future acts
quasi contractNot a true contract
offerA proposal by the offeror to an offeree to enter a contract
serious intentOffer made with the intent of entering into a legal obligation
Mirror image ruleAcceptance must not change the terms of the original offer
counterofferChange in terms
UCCUniform Commercial Code
Capacitylegal ability to enter a contract


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