#1
What is an offer in contract law?
An expression of willingness to contract on specified terms
ExplanationAn offer represents a willingness to enter into a contract with specific terms.
#2
In contract law, what does the term 'mutual assent' refer to?
An agreement between the parties to the terms of the contract
ExplanationMutual assent denotes the agreement between parties to the terms of a contract, indicating their consent to be bound.
#3
What does the term 'privity of contract' mean?
The relationship between the parties to a contract, allowing them to enforce the terms
ExplanationPrivity of contract refers to the direct relationship between parties to a contract, enabling them to enforce its terms.
#4
What is the role of 'good faith' in contract performance?
A duty to act honestly and fairly in the performance of contractual obligations
ExplanationGood faith requires parties to act honestly and fairly in their contractual dealings, avoiding deceit or unfair practices.
#5
What is the legal principle of 'consideration' in a contract?
An act or promise that has value in the eyes of the law
ExplanationConsideration refers to something of value exchanged between parties to form a contract.
#6
What is the 'parol evidence rule' in contract law?
A rule limiting the admissibility of oral or written evidence to explain the terms of a written contract
ExplanationThe parol evidence rule restricts the use of extrinsic evidence to alter or contradict the terms of a written contract.
#7
What is the significance of the 'Statute of Frauds' in contract law?
It requires certain contracts to be in writing to be enforceable
ExplanationThe Statute of Frauds mandates written evidence for certain types of contracts to be legally enforceable.
#8
What is 'anticipatory repudiation' in contract law?
A breach of contract that occurs before the performance is due
ExplanationAnticipatory repudiation refers to a party indicating its intention not to fulfill contractual obligations before the performance is required.
#9
What is the difference between 'express' and 'implied' contracts?
Express contracts involve intentional communication of the terms, while implied contracts arise from the parties' conduct
ExplanationExpress contracts are explicitly stated, while implied contracts are inferred from the parties' actions or circumstances.
#10
What is the principle of 'caveat emptor' in contract law?
The buyer's obligation to inspect goods before purchase
ExplanationCaveat emptor places the responsibility on the buyer to inspect goods before purchase, assuming the risk of defects.
#11
What is a 'voidable contract'?
A contract that can be affirmed or rejected by one of the parties
ExplanationA voidable contract is one that can be either ratified or voided by one of the parties involved.
#12
What is the doctrine of 'frustration' in contract law?
A doctrine that excuses performance when a party's principal purpose is substantially frustrated
ExplanationThe doctrine of frustration allows for the discharge of contractual obligations when unforeseen events make performance impracticable.
#13
What is the difference between 'void' and 'voidable' contracts?
Void contracts are unenforceable, while voidable contracts can be affirmed or rejected by one of the parties
ExplanationVoid contracts lack legal effect from the beginning, while voidable contracts can be canceled by one party.
#14
What is the doctrine of 'promissory estoppel'?
A promise binding the promisor if injustice can be avoided only by enforcing the promise
ExplanationPromissory estoppel prevents a party from reneging on a promise if it would lead to injustice and the other party has relied on it.
#15
What is the doctrine of 'estoppel'?
A principle preventing a party from asserting a particular fact or legal theory
ExplanationEstoppel prevents a party from denying or asserting something contrary to what has been implied or previously stated.
#16
What is 'duress' in contract law?
An undue influence exerted to coerce a party into entering a contract
ExplanationDuress refers to coercive pressure or threats used to force someone into entering a contract against their will.