Exam 6: Contracts

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What is an exculpatory clause?

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An exculpatory clause is an express limitation on potential or actual liability arising under the subject matter of the contract.In short,exculpatory clauses are often employed when risk of injury exists.They seek to limit one party's liability to another.

What is a mirror image?

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In common-law contracts,the acceptance must be a mirror image of the offer to constitute valid acceptance.This means that the acceptance must be precisely the same as the offer.

Mistake is:

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Merchants frequently use _____ language in their individual purchase orders and invoices.

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Strict performance is a standard of performance in a contract that means that the performance under the contract is scrutinized subjectively.

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Performance means that parties to a contract have fulfilled their duties under the contract.

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In contracts governed by the Uniform Commercial Code,_____ can be inserted into a contract when those terms are not definite and certain.

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A minor who enters into a contract with a party who has capacity may not void the contract.

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What is the implied covenant of good faith and fair dealing?

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Article 8 of the Uniform Commercial Code governs contracts between a merchant and the sale of goods.

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An)_____ is an order by the court to stop all collection activities of prepetition debts owed by a debtor in bankruptcy.

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An acceptance is valid when the offeree:

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If a contract concerns an illegal subject matter and a court will not step in to such a contract to enforce its promises,it is an example of _____ as a defense to performance.

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_____ is the name for damages awarded in quasi-contract cases,which means "as much as is deserved."

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In common-law,_____ refers to offer,acceptance,and consideration.

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_____ are elements of contracts that specify important matters,such as quantity,price,and time for performance.

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For common-law contracts,the primary issue is whether the parties intended to enter into a binding agreement.

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When a party fails to perform under the terms of the contract without a legally justifiable reason,the party is said to be in breach of the contract.

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An)_____ clause is an express limitation on potential or actual liability arising under the subject matter of the contract.

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When a party invites others to make offers to buy,it is an):

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