Exam 52: Contract Law Terminology

Match the following: a.A contract that binds an offeror to keep an offer open for a specified period of time.b.Improper physical or mental coercion exercised upon a person so that he is forced to act against his free will.c.Taking unfair advantage of a person by reason of a dominant position based on a relationship of trust and confidence.d.A contract resulting from the exchange of a promise for an act or a forbearance.e.A wrongful failure to properly perform contractual promises.f.A contract that has not been fully performed.g.A binding agreement that the courts will enforce.h.A contract that has been fully performed by all of the parties.i.A contract in which both parties exchange promises.j.Contingency not contained in the language of the contract but imposed by law.k.Transfer of a contractual obligation to a third party.l.A merchant's irrevocable offer to sell or buy goods in a signed writing that gives assurance that it will not be terminated for the time stated,up to three months.m.A statement in the form of a promise that imposes no obligation on the person making the statement.n.Affirmation of an entire contract;may be done upon reaching majority.o.The inducement given to enter into a contract;whatever is given in exchange for something else.p.A substituted contract involving a new third-party promisor or promisee.q.An equitable remedy that compels the actual performance by the defaulting party of his contractual obligations.r.Voluntary transfer of contractual rights to a third party.s.An obligation not based upon contract that is imposed to avoid injustice.t.Withdrawal of an offer by the offeror.u.Doctrine enforcing noncontractual promises in certain circumstances to avoid injustice.v.A court order prohibiting a party from doing a specific act.w.Approval based on whether a reasonable person would be satisfied.x.An agreement to purchase all the materials of a particular kind that the purchaser needs from one seller.y.An agreement to sell the entire production of a particular seller to one buyer. -promissory estoppel

Match the following: a.A contract that binds an offeror to keep an offer open for a specified period of time.b.Improper physical or mental coercion exercised upon a person so that he is forced to act against his free will.c.Taking unfair advantage of a person by reason of a dominant position based on a relationship of trust and confidence.d.A contract resulting from the exchange of a promise for an act or a forbearance.e.A wrongful failure to properly perform contractual promises.f.A contract that has not been fully performed.g.A binding agreement that the courts will enforce.h.A contract that has been fully performed by all of the parties.i.A contract in which both parties exchange promises.j.Contingency not contained in the language of the contract but imposed by law.k.Transfer of a contractual obligation to a third party.l.A merchant's irrevocable offer to sell or buy goods in a signed writing that gives assurance that it will not be terminated for the time stated,up to three months.m.A statement in the form of a promise that imposes no obligation on the person making the statement.n.Affirmation of an entire contract;may be done upon reaching majority.o.The inducement given to enter into a contract;whatever is given in exchange for something else.p.A substituted contract involving a new third-party promisor or promisee.q.An equitable remedy that compels the actual performance by the defaulting party of his contractual obligations.r.Voluntary transfer of contractual rights to a third party.s.An obligation not based upon contract that is imposed to avoid injustice.t.Withdrawal of an offer by the offeror.u.Doctrine enforcing noncontractual promises in certain circumstances to avoid injustice.v.A court order prohibiting a party from doing a specific act.w.Approval based on whether a reasonable person would be satisfied.x.An agreement to purchase all the materials of a particular kind that the purchaser needs from one seller.y.An agreement to sell the entire production of a particular seller to one buyer. -executory contract

Match the following: a.A contract that binds an offeror to keep an offer open for a specified period of time.b.Improper physical or mental coercion exercised upon a person so that he is forced to act against his free will.c.Taking unfair advantage of a person by reason of a dominant position based on a relationship of trust and confidence.d.A contract resulting from the exchange of a promise for an act or a forbearance.e.A wrongful failure to properly perform contractual promises.f.A contract that has not been fully performed.g.A binding agreement that the courts will enforce.h.A contract that has been fully performed by all of the parties.i.A contract in which both parties exchange promises.j.Contingency not contained in the language of the contract but imposed by law.k.Transfer of a contractual obligation to a third party.l.A merchant's irrevocable offer to sell or buy goods in a signed writing that gives assurance that it will not be terminated for the time stated,up to three months.m.A statement in the form of a promise that imposes no obligation on the person making the statement.n.Affirmation of an entire contract;may be done upon reaching majority.o.The inducement given to enter into a contract;whatever is given in exchange for something else.p.A substituted contract involving a new third-party promisor or promisee.q.An equitable remedy that compels the actual performance by the defaulting party of his contractual obligations.r.Voluntary transfer of contractual rights to a third party.s.An obligation not based upon contract that is imposed to avoid injustice.t.Withdrawal of an offer by the offeror.u.Doctrine enforcing noncontractual promises in certain circumstances to avoid injustice.v.A court order prohibiting a party from doing a specific act.w.Approval based on whether a reasonable person would be satisfied.x.An agreement to purchase all the materials of a particular kind that the purchaser needs from one seller.y.An agreement to sell the entire production of a particular seller to one buyer. -undue influence

Code Section Matching: a.A written contract may be explained or supplemented by course of dealing,usage of trade,course of performance,or evidence of consistent additional terms unless the parties intended the writing to be a complete and exclusive statement of their agreement.b."Good faith" means honesty in fact in the conduct or transaction concerned.c.An offer to make a contract is construed as authorizing acceptance in any reasonable manner.d.Variant acceptances;modification of "mirror image" rule.e.Definition of a "merchant." f.The common law of contracts applies where the Code has not specifically modified general contract law.g.Unconscionable contracts.h.The Article 2 statute of frauds.i.Open terms;gap-filler provisions.j.Firm offers.k.Defines "sale." -2-205

Code Section Matching: a.A written contract may be explained or supplemented by course of dealing,usage of trade,course of performance,or evidence of consistent additional terms unless the parties intended the writing to be a complete and exclusive statement of their agreement.b."Good faith" means honesty in fact in the conduct or transaction concerned.c.An offer to make a contract is construed as authorizing acceptance in any reasonable manner.d.Variant acceptances;modification of "mirror image" rule.e.Definition of a "merchant." f.The common law of contracts applies where the Code has not specifically modified general contract law.g.Unconscionable contracts.h.The Article 2 statute of frauds.i.Open terms;gap-filler provisions.j.Firm offers.k.Defines "sale." -2-207

Match the following: a.A contract that binds an offeror to keep an offer open for a specified period of time.b.Improper physical or mental coercion exercised upon a person so that he is forced to act against his free will.c.Taking unfair advantage of a person by reason of a dominant position based on a relationship of trust and confidence.d.A contract resulting from the exchange of a promise for an act or a forbearance.e.A wrongful failure to properly perform contractual promises.f.A contract that has not been fully performed.g.A binding agreement that the courts will enforce.h.A contract that has been fully performed by all of the parties.i.A contract in which both parties exchange promises.j.Contingency not contained in the language of the contract but imposed by law.k.Transfer of a contractual obligation to a third party.l.A merchant's irrevocable offer to sell or buy goods in a signed writing that gives assurance that it will not be terminated for the time stated,up to three months.m.A statement in the form of a promise that imposes no obligation on the person making the statement.n.Affirmation of an entire contract;may be done upon reaching majority.o.The inducement given to enter into a contract;whatever is given in exchange for something else.p.A substituted contract involving a new third-party promisor or promisee.q.An equitable remedy that compels the actual performance by the defaulting party of his contractual obligations.r.Voluntary transfer of contractual rights to a third party.s.An obligation not based upon contract that is imposed to avoid injustice.t.Withdrawal of an offer by the offeror.u.Doctrine enforcing noncontractual promises in certain circumstances to avoid injustice.v.A court order prohibiting a party from doing a specific act.w.Approval based on whether a reasonable person would be satisfied.x.An agreement to purchase all the materials of a particular kind that the purchaser needs from one seller.y.An agreement to sell the entire production of a particular seller to one buyer. -injunction

Match the following: a.A contract that binds an offeror to keep an offer open for a specified period of time.b.Improper physical or mental coercion exercised upon a person so that he is forced to act against his free will.c.Taking unfair advantage of a person by reason of a dominant position based on a relationship of trust and confidence.d.A contract resulting from the exchange of a promise for an act or a forbearance.e.A wrongful failure to properly perform contractual promises.f.A contract that has not been fully performed.g.A binding agreement that the courts will enforce.h.A contract that has been fully performed by all of the parties.i.A contract in which both parties exchange promises.j.Contingency not contained in the language of the contract but imposed by law.k.Transfer of a contractual obligation to a third party.l.A merchant's irrevocable offer to sell or buy goods in a signed writing that gives assurance that it will not be terminated for the time stated,up to three months.m.A statement in the form of a promise that imposes no obligation on the person making the statement.n.Affirmation of an entire contract;may be done upon reaching majority.o.The inducement given to enter into a contract;whatever is given in exchange for something else.p.A substituted contract involving a new third-party promisor or promisee.q.An equitable remedy that compels the actual performance by the defaulting party of his contractual obligations.r.Voluntary transfer of contractual rights to a third party.s.An obligation not based upon contract that is imposed to avoid injustice.t.Withdrawal of an offer by the offeror.u.Doctrine enforcing noncontractual promises in certain circumstances to avoid injustice.v.A court order prohibiting a party from doing a specific act.w.Approval based on whether a reasonable person would be satisfied.x.An agreement to purchase all the materials of a particular kind that the purchaser needs from one seller.y.An agreement to sell the entire production of a particular seller to one buyer. -constructive condition

Match the following: a.A contract that binds an offeror to keep an offer open for a specified period of time.b.Improper physical or mental coercion exercised upon a person so that he is forced to act against his free will.c.Taking unfair advantage of a person by reason of a dominant position based on a relationship of trust and confidence.d.A contract resulting from the exchange of a promise for an act or a forbearance.e.A wrongful failure to properly perform contractual promises.f.A contract that has not been fully performed.g.A binding agreement that the courts will enforce.h.A contract that has been fully performed by all of the parties.i.A contract in which both parties exchange promises.j.Contingency not contained in the language of the contract but imposed by law.k.Transfer of a contractual obligation to a third party.l.A merchant's irrevocable offer to sell or buy goods in a signed writing that gives assurance that it will not be terminated for the time stated,up to three months.m.A statement in the form of a promise that imposes no obligation on the person making the statement.n.Affirmation of an entire contract;may be done upon reaching majority.o.The inducement given to enter into a contract;whatever is given in exchange for something else.p.A substituted contract involving a new third-party promisor or promisee.q.An equitable remedy that compels the actual performance by the defaulting party of his contractual obligations.r.Voluntary transfer of contractual rights to a third party.s.An obligation not based upon contract that is imposed to avoid injustice.t.Withdrawal of an offer by the offeror.u.Doctrine enforcing noncontractual promises in certain circumstances to avoid injustice.v.A court order prohibiting a party from doing a specific act.w.Approval based on whether a reasonable person would be satisfied.x.An agreement to purchase all the materials of a particular kind that the purchaser needs from one seller.y.An agreement to sell the entire production of a particular seller to one buyer. -option contract

Match the following: a.A contract that binds an offeror to keep an offer open for a specified period of time.b.Improper physical or mental coercion exercised upon a person so that he is forced to act against his free will.c.Taking unfair advantage of a person by reason of a dominant position based on a relationship of trust and confidence.d.A contract resulting from the exchange of a promise for an act or a forbearance.e.A wrongful failure to properly perform contractual promises.f.A contract that has not been fully performed.g.A binding agreement that the courts will enforce.h.A contract that has been fully performed by all of the parties.i.A contract in which both parties exchange promises.j.Contingency not contained in the language of the contract but imposed by law.k.Transfer of a contractual obligation to a third party.l.A merchant's irrevocable offer to sell or buy goods in a signed writing that gives assurance that it will not be terminated for the time stated,up to three months.m.A statement in the form of a promise that imposes no obligation on the person making the statement.n.Affirmation of an entire contract;may be done upon reaching majority.o.The inducement given to enter into a contract;whatever is given in exchange for something else.p.A substituted contract involving a new third-party promisor or promisee.q.An equitable remedy that compels the actual performance by the defaulting party of his contractual obligations.r.Voluntary transfer of contractual rights to a third party.s.An obligation not based upon contract that is imposed to avoid injustice.t.Withdrawal of an offer by the offeror.u.Doctrine enforcing noncontractual promises in certain circumstances to avoid injustice.v.A court order prohibiting a party from doing a specific act.w.Approval based on whether a reasonable person would be satisfied.x.An agreement to purchase all the materials of a particular kind that the purchaser needs from one seller.y.An agreement to sell the entire production of a particular seller to one buyer. -ratification

Code Section Matching: a.A written contract may be explained or supplemented by course of dealing,usage of trade,course of performance,or evidence of consistent additional terms unless the parties intended the writing to be a complete and exclusive statement of their agreement.b."Good faith" means honesty in fact in the conduct or transaction concerned.c.An offer to make a contract is construed as authorizing acceptance in any reasonable manner.d.Variant acceptances;modification of "mirror image" rule.e.Definition of a "merchant." f.The common law of contracts applies where the Code has not specifically modified general contract law.g.Unconscionable contracts.h.The Article 2 statute of frauds.i.Open terms;gap-filler provisions.j.Firm offers.k.Defines "sale." -2-302

Match the following: a.A contract that binds an offeror to keep an offer open for a specified period of time.b.Improper physical or mental coercion exercised upon a person so that he is forced to act against his free will.c.Taking unfair advantage of a person by reason of a dominant position based on a relationship of trust and confidence.d.A contract resulting from the exchange of a promise for an act or a forbearance.e.A wrongful failure to properly perform contractual promises.f.A contract that has not been fully performed.g.A binding agreement that the courts will enforce.h.A contract that has been fully performed by all of the parties.i.A contract in which both parties exchange promises.j.Contingency not contained in the language of the contract but imposed by law.k.Transfer of a contractual obligation to a third party.l.A merchant's irrevocable offer to sell or buy goods in a signed writing that gives assurance that it will not be terminated for the time stated,up to three months.m.A statement in the form of a promise that imposes no obligation on the person making the statement.n.Affirmation of an entire contract;may be done upon reaching majority.o.The inducement given to enter into a contract;whatever is given in exchange for something else.p.A substituted contract involving a new third-party promisor or promisee.q.An equitable remedy that compels the actual performance by the defaulting party of his contractual obligations.r.Voluntary transfer of contractual rights to a third party.s.An obligation not based upon contract that is imposed to avoid injustice.t.Withdrawal of an offer by the offeror.u.Doctrine enforcing noncontractual promises in certain circumstances to avoid injustice.v.A court order prohibiting a party from doing a specific act.w.Approval based on whether a reasonable person would be satisfied.x.An agreement to purchase all the materials of a particular kind that the purchaser needs from one seller.y.An agreement to sell the entire production of a particular seller to one buyer. -assignment

Match the following: a.A contract that binds an offeror to keep an offer open for a specified period of time.b.Improper physical or mental coercion exercised upon a person so that he is forced to act against his free will.c.Taking unfair advantage of a person by reason of a dominant position based on a relationship of trust and confidence.d.A contract resulting from the exchange of a promise for an act or a forbearance.e.A wrongful failure to properly perform contractual promises.f.A contract that has not been fully performed.g.A binding agreement that the courts will enforce.h.A contract that has been fully performed by all of the parties.i.A contract in which both parties exchange promises.j.Contingency not contained in the language of the contract but imposed by law.k.Transfer of a contractual obligation to a third party.l.A merchant's irrevocable offer to sell or buy goods in a signed writing that gives assurance that it will not be terminated for the time stated,up to three months.m.A statement in the form of a promise that imposes no obligation on the person making the statement.n.Affirmation of an entire contract;may be done upon reaching majority.o.The inducement given to enter into a contract;whatever is given in exchange for something else.p.A substituted contract involving a new third-party promisor or promisee.q.An equitable remedy that compels the actual performance by the defaulting party of his contractual obligations.r.Voluntary transfer of contractual rights to a third party.s.An obligation not based upon contract that is imposed to avoid injustice.t.Withdrawal of an offer by the offeror.u.Doctrine enforcing noncontractual promises in certain circumstances to avoid injustice.v.A court order prohibiting a party from doing a specific act.w.Approval based on whether a reasonable person would be satisfied.x.An agreement to purchase all the materials of a particular kind that the purchaser needs from one seller.y.An agreement to sell the entire production of a particular seller to one buyer. -illusory promise

Match the following: a.A contract that binds an offeror to keep an offer open for a specified period of time.b.Improper physical or mental coercion exercised upon a person so that he is forced to act against his free will.c.Taking unfair advantage of a person by reason of a dominant position based on a relationship of trust and confidence.d.A contract resulting from the exchange of a promise for an act or a forbearance.e.A wrongful failure to properly perform contractual promises.f.A contract that has not been fully performed.g.A binding agreement that the courts will enforce.h.A contract that has been fully performed by all of the parties.i.A contract in which both parties exchange promises.j.Contingency not contained in the language of the contract but imposed by law.k.Transfer of a contractual obligation to a third party.l.A merchant's irrevocable offer to sell or buy goods in a signed writing that gives assurance that it will not be terminated for the time stated,up to three months.m.A statement in the form of a promise that imposes no obligation on the person making the statement.n.Affirmation of an entire contract;may be done upon reaching majority.o.The inducement given to enter into a contract;whatever is given in exchange for something else.p.A substituted contract involving a new third-party promisor or promisee.q.An equitable remedy that compels the actual performance by the defaulting party of his contractual obligations.r.Voluntary transfer of contractual rights to a third party.s.An obligation not based upon contract that is imposed to avoid injustice.t.Withdrawal of an offer by the offeror.u.Doctrine enforcing noncontractual promises in certain circumstances to avoid injustice.v.A court order prohibiting a party from doing a specific act.w.Approval based on whether a reasonable person would be satisfied.x.An agreement to purchase all the materials of a particular kind that the purchaser needs from one seller.y.An agreement to sell the entire production of a particular seller to one buyer. -quasi contract

Code Section Matching: a.A written contract may be explained or supplemented by course of dealing,usage of trade,course of performance,or evidence of consistent additional terms unless the parties intended the writing to be a complete and exclusive statement of their agreement.b."Good faith" means honesty in fact in the conduct or transaction concerned.c.An offer to make a contract is construed as authorizing acceptance in any reasonable manner.d.Variant acceptances;modification of "mirror image" rule.e.Definition of a "merchant." f.The common law of contracts applies where the Code has not specifically modified general contract law.g.Unconscionable contracts.h.The Article 2 statute of frauds.i.Open terms;gap-filler provisions.j.Firm offers.k.Defines "sale." -1-103

Match the following: a.A contract that binds an offeror to keep an offer open for a specified period of time.b.Improper physical or mental coercion exercised upon a person so that he is forced to act against his free will.c.Taking unfair advantage of a person by reason of a dominant position based on a relationship of trust and confidence.d.A contract resulting from the exchange of a promise for an act or a forbearance.e.A wrongful failure to properly perform contractual promises.f.A contract that has not been fully performed.g.A binding agreement that the courts will enforce.h.A contract that has been fully performed by all of the parties.i.A contract in which both parties exchange promises.j.Contingency not contained in the language of the contract but imposed by law.k.Transfer of a contractual obligation to a third party.l.A merchant's irrevocable offer to sell or buy goods in a signed writing that gives assurance that it will not be terminated for the time stated,up to three months.m.A statement in the form of a promise that imposes no obligation on the person making the statement.n.Affirmation of an entire contract;may be done upon reaching majority.o.The inducement given to enter into a contract;whatever is given in exchange for something else.p.A substituted contract involving a new third-party promisor or promisee.q.An equitable remedy that compels the actual performance by the defaulting party of his contractual obligations.r.Voluntary transfer of contractual rights to a third party.s.An obligation not based upon contract that is imposed to avoid injustice.t.Withdrawal of an offer by the offeror.u.Doctrine enforcing noncontractual promises in certain circumstances to avoid injustice.v.A court order prohibiting a party from doing a specific act.w.Approval based on whether a reasonable person would be satisfied.x.An agreement to purchase all the materials of a particular kind that the purchaser needs from one seller.y.An agreement to sell the entire production of a particular seller to one buyer. -breach

Match the following: a.A contract that binds an offeror to keep an offer open for a specified period of time.b.Improper physical or mental coercion exercised upon a person so that he is forced to act against his free will.c.Taking unfair advantage of a person by reason of a dominant position based on a relationship of trust and confidence.d.A contract resulting from the exchange of a promise for an act or a forbearance.e.A wrongful failure to properly perform contractual promises.f.A contract that has not been fully performed.g.A binding agreement that the courts will enforce.h.A contract that has been fully performed by all of the parties.i.A contract in which both parties exchange promises.j.Contingency not contained in the language of the contract but imposed by law.k.Transfer of a contractual obligation to a third party.l.A merchant's irrevocable offer to sell or buy goods in a signed writing that gives assurance that it will not be terminated for the time stated,up to three months.m.A statement in the form of a promise that imposes no obligation on the person making the statement.n.Affirmation of an entire contract;may be done upon reaching majority.o.The inducement given to enter into a contract;whatever is given in exchange for something else.p.A substituted contract involving a new third-party promisor or promisee.q.An equitable remedy that compels the actual performance by the defaulting party of his contractual obligations.r.Voluntary transfer of contractual rights to a third party.s.An obligation not based upon contract that is imposed to avoid injustice.t.Withdrawal of an offer by the offeror.u.Doctrine enforcing noncontractual promises in certain circumstances to avoid injustice.v.A court order prohibiting a party from doing a specific act.w.Approval based on whether a reasonable person would be satisfied.x.An agreement to purchase all the materials of a particular kind that the purchaser needs from one seller.y.An agreement to sell the entire production of a particular seller to one buyer. -contract