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Unformatted text preview: 9 acceptance 10 Accord is a contract to perform some act to satisfy an existing contractual duty 13 Protects the secured creditor from losing their security as a result of the automotic stay 9 11 Admissions 9 Advertisements not treated as offers to contract, but as invitations to negotiate 9 agreement 9 15 alien corporation 10 8 15 The offical documentation needed to incorpoarte a business 14 A voluntary act by the offeree that shows assent, or agreement, to the terms of an offer; may consist of words or conduct. If the offeror does not expressly authorize a certain mode of acceptance, then acceptance can be made by any reasonable means Adequate Protection adhesion contract A standard-form contract, such as that between a large retailer and a consumer, in which the dominant party dictates the terms. written by one party and presented to another on a take it or leave it basis. In other words, the adhering party has no opportunity to negotiate the terms of the contract. Standard form contracts are often adhesion contracts An Oral contract for the sale or lease of goods is enforceable if they party against whom enforcement is sought An Admissions can be made in documents, including internal memos and employee reports that may be obtained during discovery prioor to trial In general, ads (which include catalogs price lists and circulars or flyers are treated as invitations to negotiate, not offers or contracts A meeting of two or more minds in regard to the terms of a contract, usually broken down into two events: an offer and an acceptance. *Something of value must be offered or promised to convince a person to make the deal9 Agreements to agree it is enforceable, if it is clear that both parties intended to be bound by the agreement. It is based on the intent NOT the form A designation in the United States for a corporation formed in another country but doing business in the United States. anticipatory repudiation An assertion or action by a party indicating that he or she will not perform an obligation that the party is contractually obligated to perform at a future time. Before the time the contract performance, one party clearly counicates to the other their interntion no to perform - such an action is a breach of the contract by anticipatory repudiation It is treated as a material breach of contract, and the non breaching party is permitted to bring an action for damages imediately, even though the scheduled time for performance under the contract may still be in the future AntiCybersquatti ng Legislation ACRA of 1999, makes cyber squatting illegal - bad faith element - damages may be awarded. articles of incorporation The document filed with the appropriate governmental agency, usually the secretary of state, when a business is incorporated. State statutes usually prescribe what kind of information must be contained in the articles of incorporation....
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- Fall '10