Contract and Tort Law Definition Chapters #2

Card Set Information

Author:
CaptainSeb
ID:
264061
Filename:
Contract and Tort Law Definition Chapters #2
Updated:
2014-02-26 08:53:59
Tags:
Definition Chapter
Folders:
Definiition
Description:
Contract and Tort Law Definition Chapters #2
Show Answers:

Home > Flashcards > Print Preview

The flashcards below were created by user CaptainSeb on FreezingBlue Flashcards. What would you like to do?


  1. acceptance
    acceptance when there has been acceptance of an offer made by one party in the bargaining process, the parties are assumed to have reached an agreement on contract terms, and a binding contract exists from that time
  2. agreement
    a transfer by one party of his or her rights under a contract to a third party
  3. consensus ad idem
    when there has been acceptance by the offeree of an offer, the parties have reached an agreement on terms, and they have an intention to be bound by those terms; they are said to have reached a consensus ad idem (a “meeting of the minds”); sometimes a shorter form is used, and the parties are said to be ad idem
  4. contract
    an agreement between private parties or between a private party and the state
  5. judicial interventionism
    an approach to the interpretation of law that draws on social, economic, and political values in interpreting the meaning and application of legal rules and principles
  6. offer
    a promise to do something or give something of value to another person; if the other accepts the offer, a binding contract exists
  7. offeree
    a person to whom an offer is made during the bargaining process
  8. offeror
    person who, during the bargaining process that precedes making a contract, agrees to do something for the other party; once the offer is accepted, the bargain is concluded and the parties have made an agreement
  9. positivism
    an approach to the interpretation of law that states that the meaning to be given to the words in legal rules should be the ordinary, dictionary meaning without resorting to social, economic, or political values to aid in interpretation
  10. promisee
    the party to a contract who receives the benefit of a promise made by another party to the contract
  11. promisor
    the party to a contract who undertakes to do something
  12. unjust enrichment
    a legal doctrine by which the courts sometimes award compensation to a party in the absence of a contract, or where the compensation is not contemplated by the contract because it is equitable to compensate the party who has enriched the other party with the expectation of, but not the receipt of, financial reward

What would you like to do?

Home > Flashcards > Print Preview