Chapter 1 of Practical Contract Law For Paralegals
Voidable – One party has power to invalidate contract
Statute of Frauds – Dictates types of contracts that must be written
Case Brief – Short summary of facts, issues, holding, and reasoning of a judicial decision
Bilateral – Contract in which both parties make promises
Letter of Credit – An irrevocable promise by a buyer’s bank to pay the seller when conditions are met
Bill of lading – Documentation of the receipt of goods for shipment, issued by a party in the business of transporting goods
Equitable – Based on fairness and individual circumstances
Implied – Contract formed without express statement of terms, by words and actions
Capacity – Ability, as determined by age and mental competence, to enter into a contract
Torts – Law applicable to injuries to people or property
Limitations Period – Time limit on bringing lawsuit, based on statute of limitations
Donee – Person receiving a gift
Legality – An element of an enforceable contract
Gift – Completed transfer of property without consideration
Informal – Contract for which no particular form is required
Formal – A contract required to be in a particular form
Contract – Set of legally enforceable promises
Void – An agreement with no legal effect
Manifestation of Mutual Assent – Appearance that an agreement has been reached
Conflict of Interest – Ethical issue: legal professional’s loyalties divided
Donor – Person making a gift
Unilateral – Contract formed when one party acts in response to other party’s promise
Executed – Contract in which all obligations have been fulfilled
Consideration – Something promised, given, refrained from, or done that has the effect of making an agreement a legally enforceable contract
Executory – Contract in which obligations have not been fulfilled
Unenforceable – A contract, otherwise valid, that cannot be enforced in court
Express – Contract with significant terms stated orally or in writing
Quasi-contract – Theory for avoiding unjust enrichment in situations in which a contract did not actually form
Promissory Estoppel – Theory under which a promise can be enforced, despite lack of consideration, because of reliance on that promise and knowledge of that reliance