Matching Pairs BA 18 Key Terms Pt 1Online version Ch. 9-14 Review by Ilse Reyes 1 Merchant rule 2 Specific performance 3 Not in pari delicto 4 Quasi contract 5 Void 6 Pre-existing duty rule 7 Necessity (necessary) 8 Fraud in the execution 9 Promissory estoppel 10 Covenants not to compete 11 Voidable Substitute for consideration when a promisor has made a gratuitous promise to a promisee who then relies on that promise and suffers a detriment because of it. Fraud in substitution of documents or when obtaining signatures, person lies about the nature of the document being signed. Restrain employees from working in a similar position for competitors after leaving the place of employment. Must be reasonable in time and geographic scope. They are void in California. When a person suffers no legal detriment from performing or promising to perform an act because they had a duty to do so already. When the parties are not equally at fault. Type of equitable remedy where a court makes the breaching party perform the exact terms of the contract. This will not be granted if it is not feasible or a remedy at law would be adequate. “contract” created by a court when a party received an unjust enrichment A merchant who receives a record of a confirmation and does not object to the confirmation within 10 days is bound to the contract. when a contract has no legal effect things that directly foster a minor’s wellbeing a contract that may be disaffirmed by a disadvantaged party
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