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Acceptance (of offer)
Unequivoal assent to the term of an offer
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Actual authority
Such authority as a principal intentionally confers on an agent, or negligently allows the agen to believe (s)he possesses.
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Agency
The relationship between a principal and an agen.
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Agency, Termination
- An agency is terminated by
- -achievement of agency purpose
- - agreement
- -will of either party
- -lapse of time or a specific event
- -revocation
- -reunciation
- -death or insanity
- -impossibility
- -bankruptcy
- -war
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Agent
One who is authorized to act on behalf of another (called a princial) in dealings with third persons.
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Agent, Apparent
An agent whose authority is conferred by an act of the principal who, intentionally or negligently, causes a third person to believe the agent has authority to act for the princial, even though the principal has not given the agent such authority.
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Agent, Special
An agent whose authority to act is limited to a particual transaction or to a series of transaction dealing with a specific subject.
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Agreement
A meeting of minds. Mutual assent.
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Ambiguous term
Word or phrase susceptible to more than one interpretation
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Anticipatory breach
Unequivocal repudiation of a contractual obligation prior to the time for perfomance
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Assult
Causing another to have a resonable apprehension of an unconsented to or offensive touching
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Assent
Agreeing to a proposal
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Assignable rights
All rights under a contract are assignable unless assignlent is prohibited by law or contract or the right is too personal
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Assignee
party that recives an assignment
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Assignment
The present transfer of a contractual right
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Assignor
Party that makes an assignment
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Authority, apparent
Such authority as a principal, intentionally or negliently, causes a third person to believe the agent has to act for the principal, even though the principal has not given the agent such authority
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Authority, actual
Such authority as a principal intentionally confers on an agent, or negligently causes or allows an agent to beleive (s)he possesses.
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Authority, express
Another termt for "Actual authority"
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Authority, implied
Authority implied by law as being conferred on an angent by custom, by the agent's position, or that authority which is reasonably necessary to carry out the agent's actual authority.
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Authority, incidental
Another term for "implied authority"
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Authority, Ostensible
Another term for "apparent authority"
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Bailee
Party who receives the deposit of personal property from another
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Bailment
Legal relationship that arises when one party deposists or entrusts personal property with another
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Bailor
Party who deposits personal property with another.
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Bargain
Manifestation of an intent to be bound to a contract contingent on receiving a specified thing in exchange.
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Battery
An unconsented to or offensive touching.
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Beneficiary
One who benefits from the act of another
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Bilateral contract
A proposed transaction in a bilateral contract if the offeror intends the offeree will accept by giving a return promise to perform
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Breach
The failure to perfom a contractual promise or obligation without a legal excuse.
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Breach of contract- Immaterial beach
The failure to perform a minor promise is an immaterial breach. The injured plaintiff may sue for damages and is justified in treating the contract as ended. The injured party is under no future duty to perform under the agreement.
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Breach of Contract- legal excuses
- -Failure of condition
- -Discharge of the obligation
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Breach of Contract-Material Breach
The failure to perform a material promises is a material breach. the injured plaintiff may sue for damages and is justified in treationg the contract as ende. The injured party is under no futher duty to perform under the agreement.
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