Contract lecture definitions revision

Contra proferentem is:

• a principle of interpretation whereby any uncertainties in the meaning of certain kinds of contractual term will be resolved against the interest of the proferens.

• the principle that any insignificant or trivial discrepancies or shortfalls in performance or compliance may be ignored.

• action, usually restitutionary in nature, to recover the reasonable value of goods sold and delivered.

• action, usually restitutionary in nature, to recover reasonable remuneration for work performed.

An entire agreement clause is:

• an obligation which must be completely performed before the obligor can call for counter-performance (e.g. get paid for the work they have done).

• a provision in a contractual document declaring that the document is a complete record of the contract, and denying effect to any terms not recorded in the document.

• action, usually restititutionary in nature, to recover the reasonable value of goods sold and delivered.

• action, usually restititutionary in nature, to recover reasonable remuneration for work performed.

An entire obligation is:

• a provision in a contractual document declaring that the document is a complete record of the contract, and denying effect to any terms not recorded in the document.

• the principle that any insignificant or trivial discrepancies or shortfalls in performance or compliance may be ignored.

• an obligation which must be completely performed before the obligor can call for counter-performance (e.g. get paid for the work they have done).

• a response to an offer which is not acceptance, but rather the proposal of a willingness to enter into a contract on different terms.

De minimis is:

• a provision in a contractual document declaring that the document is a complete record of the contract, and denying effect to any terms not recorded in the document.

• a principle of interpretation whereby any uncertainties in the meaning of certain kinds of contractual term will be resolved against the interest of the proferens.

• The surname of a famous High Court judge.

• the principle that any insignificant or trivial discrepancies or shortfalls in performance or compliance may be ignored.

Quantum meruit is:

• action, usually restitutionary in nature, to recover reasonable remuneration for work performed.

• action, usually restititutionary in nature, to recover the reasonable value of goods sold and delivered.

• the principle that any insignificant or trivial discrepancies or shortfalls in performance or compliance may be ignored.

• the selection of new members of the judiciary based on merit.

Quantum valebat is:

• action, usually restitutionary in nature, to recover reasonable remuneration for work performed.

• a principle of interpretation whereby any uncertainties in the meaning of certain kinds of contractual term will be resolved against the interest of the proferens.

• a provision in a contractual document declaring that the document is a complete record of the contract, and denying effect to any terms not recorded in the document.

• action, usually restitutionary in nature, to recover the reasonable value of goods sold and delivered.

A divisible contract:

• can be divided into a number of obligations or sets of obligations each of which stand alone.

• is invalid.

• usually contains drafting errors.

• is usually missing consideration.