Karteikarten
LEGL final unit 2
Karten in diesem Stapel (41)
- 1Contractlegally enforceable agreement
- 2do contracts have to be in writing?NO
- but they must be absolute
- sale of good $500+ must be in writing though - 3Unilateralonly ONE party makes promose, and the agreement is only enacted when the other party chooses to perform an action
- 4bilateraltwo promises are exchanged, ie selling a car
- 5expressexplicitly written or communicated, like leasing an apartment
- 6implied in factno express contract, but a mutual understanding
ex: dining at a restaurant, it's understood you will pay for everything you order - 7Implied in law- "unjustly enriched"
- law will protect you for the duties you performed - 8executedall parties have fufilled duties of the contract, yay!
- 9executorystill has not been completed, parties still need to complete things
- 10Validthe capacity of the contract is valid
- 11voidthe contract does NOT hold up, it is void.
duress or fraud= void - 12voidablehas the potential to be voided
- 13UCCuniversal commerce code
- 14elements of a contract1. offer
2. acceptance
3. consideration
4. capacity
5. legality - 15Promissory estoppelthe offeree has every reason to rely on the offer, and they have grounds to sue if they back out based on promissory estoppel
- 16mirror image rulecommon law, offerree must match offer exactly
- 17mailbox ruleacceptance is offical when deposited to postal service// online courier
- 18considerationreceipt of a legal benefit
- 19capacity issues- minors
- intoxicated people
mentally incompetent
- under duress - 20option contractexclusive offer/ private offer for an offeree but only for a finite time
- 21fraudintentional misstatement of material facts
- 22mutual mistakeif both parties misunderstood its voidable
- 23unilateral mistaketoo bad you're stuck in the contract sorry
- 24parol evidence ruleyou genrally cannot introduce new evidence that occured during negotion
- 25only excusesimpossibility or force majure
- 26releaseright or action transferred to another party or dismisses
BEFORE BREACH OCCURS - 27waiverright or action is absolved all together
FORGIVEN AFTER BREACH - 28consequntial damagesreasonably foreseeable losses
- 29liquidated damages- written into contract
- hard to calculate
- need to be reasonable, not f - 30torta civil wrong doing, not criminal
- 313 types of torts- intentional
- negligenty
- strict liability - 32intentional torts- assualt
- battery
- invasion of privacy
- defamiation
- fraud
- conversion - 33elements of a negligence claim- duty
- breach of duty
- causastion
- injury - 34affirmative defenses for negligence claimassumption of risk
contributory negligence
comparative negligence - 35strict liabilty- injury causing behavior that is not intentional or negligent// not on purpose
- 36strict product liabiltyselling a dangerous or unjust product, the creator is strictly liable
- 37product defectsproduct is not up to standards
- 38design defectsproduct is designed in an unsafe way
- 39duressforcing/ threatening someone to sign a contract or edit contract
- 40assaulttort: threat of harming someone
- 41batteryafter assault- when you actually touch them and harm them
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- Law Karteikarten am LEGL final unit 2, erstellt von Emma Jevack am 02/05/2023.
- Erstellt von
- Emma Jevack
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