Funeral law Contracts

what are the four types of contract

expressed implied formal simple

what are specific elements of a funeral contract include

itemized list of products and services purchased notes of any cash transaction detailed description of late payments charges collection provisions estate liability for payment join and several liability obligations disclaimer of warranties and disclosures of any nature

what are the five remedies of a contract

money damage award restitution rescission reformation specific performance

the term which means a fact that could alter one's decision to enter a legal binding contract is a. a material fact b. an illegal fact c. a usurious fact d. a fraudulent fact

a. a material fact

the violation of the terms of a contract is referred to as a. breach of contract b. common law c. business law d. contract law

a. breach of contract

a contract in which the terms have not been fully performed by all the parties is said to be a. executory b. executed c. void d. voidable

a. executory

one who induces another to enter into a contract as a result of an intentionally or reckless false statement of the material fact is guilty of a. fraud b. duress c. unjust enrichment d. undue influence

a. fraud

a contract made by a person who is intoxicated but aware of the consequences of his/her actions is a. valid b. void c. voidable d. unenforceable

a. valid

a contract that may be set aside by at least one of the parties is a. voidable b. formal c. valid d. void

a. voidable

refers to the act of transferring the right and obligations of an existing contract from one existing party to another party

assignment of contract

a contract which is written so that either party may consider it as a joint obligation or a group of individual obligation is a. a joint contract b. a joint and several contract c. a several contract d. an assigned contract

b. a joint and several contract

a contract must always be a. an implied contract b. an agreement c. an executed contract d. a probated contract

b. an agreement

the damages awarded an injured party in a contract in which the injured party is entitled to compensation for the exact amount of the loss are called a. nominal damages b. compensatory damages c. punitive damages d. liquidated damages

b. compensatory damages

a breach of the duty of care one individual has toward other is called a. criminal b. negligence c. civil law d. promissory estoppel

b. negligence

a change of parties with the formation of a new contract is a. assignment. b. novation c. delegation d. parole evidence

b. novation

you receive an offer in the mail containing no stipulations as to the acceptance and you decide to return your acceptance by mail. The agreement is complete when the acceptance is a. received by the offeror b. placed in the mail by the offeree c. received by the offeree d. never complete must be an oral acceptance

b. placed in the mail by the offeree

a private of civil wrong, wither intentional or caused by negligence for which there may be action for damages is a. fraud b. tort c. unjust enrichment d. undue influence

b. tort

Generally a minor is fully liable for his/her a. contract b. torts c. scruples d. convicts

b. torts

a contract which is based upon act being done in consideration for a promise is called a. a bilateral contract b. a unilateral contract c. a formal contract d. an expressed contract

b. unilateral contract

a contract made by a legally declared insane person is a. valid b. void c. voidable d. unenforceable

b. void

a mutual mistakes as to the existence of the subject matter renders a contact a. valid b. void c. voidable d. unenforceable

b. void

contract in which fraud is proven are considered a. valid b. voidable c. enforceable d. void

b. voidable

the election to void a contract is called a. ratification b. usury c. disaffirmance d. forbearance

c. disaffirmance

the party who makes the offer is a. offeree b. offered c. offeror d. acceptor

c. offeror

to cancel or annul or avoid a contract is to a. validate b. execute an option c. rescind d. recall

c. rescind

which of the following is a mistake that does NOT render an agreement defective a. identity of the subject matter b. identity of the party or parties c. terms of the contract d. existence of the subject matter

c. terms of the contract

a contract which is enforceable by the courts is a. voidable b. formal c. valid d. void

c. valid

a contract in which undue influence was proven is considered a. valid b. void c. voidable d. express

c. voidable

a contract made by an insane person who has not been declared so judicially is a. valid b. void c. voidable d. unenforceable

c. voidable

what are the types of damages for a breach in contract

compensatory damages liquidation damages punitive damages nominal damages

in order to be enforceable a valid contract must meet which of the following requirements 1. mutual agreement 2. competent parties 3. supported by consideration 4. lawful purpose a. 1 b. 1 and 2 c. 1,2, and 3 d. 1,2,3 and 4

d. 1,2,3 and 4

the right a minor has to avoid a contract is termed a. ratification b. denial c. abatement d. disaffirmance

d. disaffirmance

a contract whose terms have been fully carried out is a. exemplary b. executory c. executive d. executed

d. executed

a contract under seal is called a. simple b. executed c. executory d. formal

d. formal

a contract made with which of these people would be considered void a. intoxicated person b. minor c. adult d. judicially declared insane person

d. judicially declared insane person

an expressed willingness from a person to enter into a contractual agreement is a. an invitation to bid b. a quasi contract c. a written agreement d. an offer

d. offer

a contract that is of no legal effect is a. voidable b. formal c. valid d. void

d. void

a contract made by a person who is so intoxicated as to be unaware of the consequences is a. void b. valid c. executory d. voidable

d. voidable

what are the types of contract performance

executed bilateral unilateral executory

What are the elements of a contract

offer acceptance consideration mutuality of obligation competency and capacity written instrument

how long should a pre-need contract document be kept on site

one year

what are the four methods of discharge of a contract

performance repudiatory breach agreement frustration

the execution of the terms of a contract after which the involved parties are discharged from their duties as listed with the contract and payment is usually made

performance of contract

refer to individuals who are not the principal party to an contract by are indirectly involve either as a beneficiary or through assignment

third party contracts