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Legal Aspects of business
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Matthew Hurst
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Cards (58)
What is the definition of a contract?
A
legally binding
agreement between parties
Why is the term "legal" important in the definition of a contract?
It indicates the contract is
enforceable
by law
What are the two types of contracts mentioned?
Simple contract
and
specialty contract
What distinguishes a specialty contract from a simple contract?
Specialty contracts must be in
writing
What must be included in a specialty contract?
It must be
signed
,
sealed
, and
delivered
What is a key characteristic of a simple contract?
It can be
verbal
or oral
What are the characteristics of a simple contract?
Offer and acceptance
Competence of parties
Intention to create legal relations
Consideration
What are the characteristics of a specialty contract?
Signed
,
sealed
, and delivered
Includes all characteristics of a
simple contract
What does "consideration" mean in a contract?
Both
parties
must benefit from the contract
What does "capacity" refer to in contract law?
The ability to
understand
and enter a
contract
Who cannot enter into certain contracts?
Minors
and
mentally ill individuals
What is meant by "genuine consent" in a contract?
All parties agree without
coercion
or
deceit
What does "good faith" mean in contract negotiations?
Full disclosure
of relevant information
What must a contract be in order to be enforceable?
It must be
legal
What does "possibility" refer to in contract terms?
The ability to carry out the
contract's
terms
How can a contract be terminated by performance?
When all
obligations
of the contract are
fulfilled
What does it mean to terminate a contract by agreement?
Both
parties
agree
to
end
the
contract
What is a breach of contract?
Failure to fulfill
contractual
obligations
What does "lapse of time" mean in contract law?
The contract
expires
after a certain period
What are examples of specialty contracts or deeds?
Deed poll
(change of name)
Deed of gift
(transfer of property)
Deed of partnership
Deed of mortgage
Deed of conveyance
(buying/selling land)
Why are business documents needed?
To create a clear permanent record of
transactions
What is the purpose of traceability in business documents?
To track the
movement
of goods
What is the importance of legal aspects in business?
They ensure
compliance
and protect
rights
How does insurance relate to business contracts?
It protects against potential
financial losses
Why is contract law significant in business operations?
It governs
agreements
and enforces
obligations
Why is it necessary to have contracts in writing?
To provide
proof
and
clarity
of terms
What are the implications of verbal contracts?
They can be harder to enforce
legally
What is the process of contract negotiation?
Discussing terms until both
parties
agree
What is the impact of contract breaches on business relationships?
They can damage trust and lead to
disputes
What are the legal consequences of illegal contracts?
They are
unenforceable
in court
What is the role of witnesses in specialty contracts?
To verify the
authenticity
of the contract
What are the differences between public and private limited companies in contract law?
Public companies can issue
shares
, private cannot
What does "necessities" refer to in contract capacity?
Essential items that
minors
can contract for
What is the role of good faith in business transactions?
Ensures
honesty
and transparency in dealings
What are the implications of contract termination on business operations?
It can disrupt services and
financial stability
Why is understanding contract terms important for all parties involved?
To ensure compliance and avoid disputes
Why is it important to have contracts in black and white?
To avoid
misunderstandings
and
disputes
What are examples of deeds mentioned in the text?
Deed of easement,
partnership
, and mortgage
What is the purpose of a deed of conveyance?
To buy and sell land legally
Why are business documents needed?
Create a clear
permanent record
Track
payment
and transportation of goods
Ensure traceability of
inventory
Maintain employee work records
Required for
audits
and
legal compliance
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