SIMILAR TERMS GLOSSARY


acceptanceantonym Communication in response to an offer, which creates a contractual relationship between the parties.
acceptance of offer
accidentally
agreement to agree
betting
betting-based transaction
breachsynonym Not to perform a duty or obligation which is classified in the contract as a material condition which is very important for the other party.
breach of statutory duty
cancellationUndoing an action that has been taken or withdrawing from a contract already concluded. If the purpose of the contract is frustrated, the client may set aside the contract unilaterally, without the consent of the other party.
condition precedentantonym If any conditions exist which must be performed prior to the conclusion of the sales contract must be performed by the party upon whom the duty of clearing such condition precedent lies.
condition subsequentantonym A condition that must take place before a contract becomes valid
contract for considerationsynonym 
contract for valuesynonym 
contract form
contract of sale
counterofferAn offer made in response to the of an offer, in which the offeree states the conditions based on which he/she is willing to sell the property. In this case, the power of acceptance is shifted to the offeree. Acceptance with any modification of the terms of the offer will also be deemed a counteroffer. A new offer as to price, terms, and conditions, made in response to a prior, unacceptable offer
defaulting party
defective operation
defence against the validity of the contract
defences against the validity
delay of the clientThe situation when the goods or services are lawfully tendered but the client fails to receive them.
delay of the providerA default may be caused by the delay in the performance of the provider , which generally precludes the delay of the other party. .
dischargeOne of the ways of being relieved of any further obligation under the contract.
duressUsing physical force or other element of coercion to make someone to do something. Threat of physical harm made to compel a person to do something against his or her will or judgment
enforceableThe status of a contract when the court will provide a remedy against the breach of the contract.
equality of considerationsContract law requires that a benefit be balanced by a detriment. The value of the services and the consideration must be equivalent.
executed contractantonym 
existing contractantonym 
expensesmoney that is spent in order to do something or buy something
expirationThe date after which a contract will not be valid any longer, the rights cannot be exercised and the duties cannot be enforced.
expression of intent
failure to meet formal requirementsSituation where a contract fails to meet the formal requirements prescribed by contract law.
faultSomeone not acting as required.
faulty performanceThe case when the contractual obligations are not performed in compliance with the contract. It is also known as a default in performance.
firm offer
fitness for habitationA type of warranty which guarantees that a residential unit is suitable for living in.
forbearanceRefraining from doing something that otherwise one has the right to. In practice, it is often used in financial agreements when the lender grants additional time for the repayment of an obligation instead of enforcing a claim when due.
freedom to contractThe parties may freely enter into contracts, except in special situations where the parties are obligated to make contracts.
frustration of purpose
gamblingTo unlawfully bet or wager money or something else of value; assist, promote, or operate a game of chance for money or some other stake; possess or transmit wagering information; manufacture, sell, purchase, possess, or transport gambling equipment, devices or goods; or tamper with the outcome of a sporting event or contest to gain a gambling advantage.
gratuitous contract
gross disparity in the values exchangedAn event where the difference between the value of one subject of the contract and the consideration received is grossly different.
guarantee
guarantorAn entity that guarantees to pay for someone else's debt if such party should default the obligation.
harm
illegal agreementA contract whose formation, subject or performance is against the law or contrary to public policy.
illegal conductCertain jurisdictions determine the illegal nature of an act to form the basis of liability.
illegal purposeantonym 
implied contractA legally-binding mutual obligation that derives from actions, conduct, or circumstances of one or more parties in an agreement.
impossibility of performanceThe provider of the services is prevented from the performance of an obligation by objective causes.
in rem security
indemnificationA security to other party against an anticipated loss damaged by the legal consequences of an act or forbearance on the part of the indemnifying party or a third party. Practically, it is a way of making sure that the liability ultimately falls to the person who is responsible for the damage or loss.
indemnityA third party agrees to perform, upon the occurrence of certain conditions, by a payment of money, to the first party in case of a failure of performance by the other party.
indivisible services
interpretation of the contractantonym 
invalidityGeneral description of an agreement which lacks an important aspect and therefore is either voidable or void.
late performance penalty
legally binding obligation
life of the contract
lossA general term indicating detriment suffered, expressed in monetary terms. It is not directly applied to physical or mental injuries.
material conditions
misrepresentationPutting forward facts that do not correspond to the truth, either intentionally or unintentionally, to induce the other party into a contract.
mistake of a fact
mistake of law
non-existing contractantonym 
nullityAn agreement which is automatically invalid because of a defence against its validity that does not require action by the party charged with an obligation.
obligation of the parties to cooperateThe parties are required by law to cooperate with each other in good faith in all their dealings with one another.
offerantonym The legal term for the document or communication initiating a contractual relationship between the parties. It communicates clearly defined terms to the offeree for acceptance.
performanceThe most common way of ending a contractual relationship by fulfilling the duties under the contract. The contract is terminated but the parties will not own any further duty to each other. When the contract is duly performed, the provider is released from responsibility under the contract.
performance of services
performance of the contractual duties
permissive provisions
personal guarantee
precepts of contract law
primary obligor
product liability
punitive function of damages
reasonable care
receiptantonym A document acknowledging an action, usually receipt of money, or official documents.
reimbursementA term generally used to indicate a payment of money to an entity, expended by that entity to any third party in the process of the activity giving rise to the action.
rejectionThe outright negation of the acceptance of the terms of the offer, which leads to the termination of the first offer.
renewalThe legal term for keeping an existing arrangement in force for an additional period of time, typically adding the same length of time as the original term.
representationA statement made by one contracting party to the other concerning a fact or circumstance in order to induce the other into a contract.
repudiation of performanceThe situation when the provider, either by statement or action, demonstrates no intention to carry out his/her duty under a contract.
revocationThe withdrawal of the offer. Revocation terminates an offer for good.
sales
severabilityA contract provision setting forth that the invalidity of one provision of a contract does not affect the validity of the rest of it.
shamIn contract law, the disguise of the real nature or purpose of the contract. Good in form but false in fact.
speculative calculation of damages
statutory authority
subject matterA legal term for what the contract or legal action is about.
suretyA person or entity that agrees to take responsibility for the performance or obligation of another party if that party fails to fulfill their commitments under a contract or agreement.
suretyshipThe obligation of one party to the second party is ensured by the third party, meaning that if the first party fails to perform as agreed, the surety will stand responsible for said failure.
tacit agreement
tacitly
three party contractual arrangement
tolerationThe situation where no action or inaction is required from the subject, but simply to endure or tolerate the actions of the other party.
unconditional surety
undue influenceTaking unfair advantage of or influencing a person who is vulnerable for a variety of reasons in a manner that overcomes the other party’s will.
unenforceabilityA contract which is valid but whose terms cannot be enforced because of some special reason, which varies in jurisdictions of various states.
unfair termsA situation when the terms of the contract are unfair as to one party only.
unilateral act
unjust enrichmentA concept created to remedy injustices that occur where one person makes a substantial contribution to the property of another person without compensation, except for donative intent.
unreasonable conduct
usurious contractA contract wherein one party extracts interest from the other party at an excessive rate, taking advantage of the disadvantageous situation of the other.
validity
value based on personal preference
vicarious liabilityThe legal responsibility of superiors for the acts of their subordinates, or, in a broader sense, the responsibility of any third party that had the ”right, ability or duty to control” the activities of a violator. It is a form of strict liability.
violationA breach of a right, duty, or law.
void agreement
voidabilityA contract document which is not automatically void but which can be made void by specific actions of one of the parties.
warranty periodThe period during which the contractor is obligated to make the correction of defective performance and perform all follow-up repairs.