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Match: 1. One of the implied warranties in a sales contract is __________. 2. __________damages dont have to be foreseeable by the defendant. 3. A

Match:

1. One of the implied warranties in a sales contract is __________.

2. __________damages dont have to be foreseeable by the defendant.

3. A ________ is giving up a right one is entitled to.

4. To distinguish losses that may sound under either the tort or contract theories

the courts may use the ____________.

5. The method by which courts abide by previous decisions is _____.

6. The legal system that permits other than monetary remedies is _____.

7. To obtain a preliminary injunction most courts require a showing of _____.

8. _____ is used to prove a fact by inference.

9. Generally, in a sale when _______ changes so does risk of loss.

10. Prima facie evidence is weaker than conclusive evidence because_____.

11. The elements of a valid contract include _____.

12. If there is a defect in the contract it may be _____by the courts.

13. If time of payment is not stated a negotiable instrument is assumed to be_____.

14. If reasonable tender of performance has been refused the refusing party has

_________ the contract.

15. A corporations stockholders have limited liability because of_____.

16. An offer must be revoked by clear communication _____.

17. One way an offer is terminated is by _____.

18. _____ cannot be interpreted as acceptance.

19. A threat of violence to induce forming a contract is _____.

20. One of the essential criteria of consideration is _____ .

21. The promise to give up a legal right as consideration is _____.

22. Contracts based on illegal subject matter are considered ____.

23. The court may deem a contract void if it is contrary to _____.

24. Contracts for the sale of real property _____.

25. The sale of goods is excess of $500 may be subject to _____.

******************************************************************************************

A. an ultra vires contract T. daubert factor

B. void U. silence

C. breached V. the state

D. must have value. W. equity

E. Stare Decisis X. consideration

F. rejection by the offeree Y. economic loss rule

G. payable on demand AA. unenforceable

H. must be in writing BB. order paper

I. title CC. general

J. public policy DD. the corporate veil

K. voidable EE. before acceptance

L. must be past or present FF. undue influence

M. irreparable injury GG. forbearance

N. statute of frauds HH. duress

O. it is rebuttable

P. bearer paper

Q. circumstantial evidence

R. merchantability

S. waiver

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