Business Law

Common-law means the old law Executory contract-Not fully performed An executed contract is fully performed. Implied contract-you don't say anything but the actions show it is a contract Voidable contract means you can get out of it Void contract means neither party can enforce it In a criminal case it's by reasonable doubt In a civil case it is by a preponderance Intentional torts are normally crimes except invasion of privacy, Sexual harassment is an intentional tort and a crime False Deformation saying something bad about someone is a crime and an intentional tort False There are two types of intentional torts there is slander and the other is liable. Slander is oral liable is written Burden of proof- in a criminal case the defendant must be found guilty beyond reasonable doubt Any civil case like judge Judy Or contract law no one is found guilty they're found liable, by a preponderance of evidence, most of the evidence supports my case Most employment contracts are at will. You can leave at will and you can be fired at will Summary judgment motion is a pre-trial notion there is no need to try the case because there is no issue of fact that needs to be decided. Power of attorney-if I give you a power of attorney you are the attorney in fact you are there to help out when you want to.   Bilateral contract- Unilateral contract-is accepted by performance completion. Quasi contract-there is no contract but the parties must perform to prevent unjust enrichment (think of the person hiding while getting the benefit)   Price quotations-if I put an ad in the paper it's not an offer unless I say first-come first-served. Before that it's an invitation to negotiate. Agreements to make a contract at a future date- A unilateral contract is accepted when performance is complete. Morgan runs around the school in under 30 minutes and I'll give you $100 moments before finishing under 30 minutes you revoke the offer   If the offered says no to the offer it is revoked/terminated. There’s an offer and you haven’t accepted the offer and I die, can there ever be a contract? NO-because i am dead You’re in contract before you die, whom can you enforce it by? His estate. T/F will you by my car, Morgan dies, and you can sue Morgan’s estate for the car- FALSE-because there is no contract!   I make you an offer-10 years later- you see me and you say you accept the contract-there is NO CONTRACT BECAUSE OF LAPSE OF TIME.   I see you on campus, you want to buy my vodka bottle, don’t want to sell it, you drop a note in the mailbox, and say I want to keep my bottle, you see me later in the day and you say oh Morgan I want to buy your vodka bottle, but he says oh its too late I mailed you a revocation about an hour ago—is there a contract—yes there is, revocation is not effective until it is received! Only effective for the offeree.   Silence cannot be mandated by the offeror to mean acceptance by the offeree. T/F –I send you an email tonight and it says “500$ get back to me by 10 tonight or we have a contract”—can that be a contract? NO-you can require that silence means acceptance because that leads to FRAUD.   Forbearance-I give up doing something. “If you give up doing something on next weeks test that? Yes, UNLESS what your not doing is illegal, because if you give up doing something illegal—are you taking something that is a burden to the law? NO” (NOT CONSIDERATION IF ILLEGAL) I say to you stop robbing people your embarrassing people, you’re my son, if you stop robbing people for 6th months Ill give you 10000$, (is this unilateral or bilateral contract?) for six months my son does not rob-this is an enforceable agreement-because you didn’t take on a burden (it was illegal)   I am on a radio station and I say at the radio station to you, anyone who detects I will play four commercials, if you catch me not playing 4 commercials ill give you 1000 dollars, you listen all of the time, you hate the music but you listen to try to get the money, you listen and you only hear 3 commercials, you catch the mistake, t/f  that’s a contract-TRUE, what’s my consideration? 1000 dollars, what’s your consideration-listening to a shit contract, you gave up the right to listen to other stations to get the money.   Adequacy of consideration-if you make a bad deal your stuck with the contract.   Past consideration-I walk out of here tonight and I go to the school of business after class because the tests are copied so I have to get the after class, you look at me pathetically and say Morgan ill help you bring it to the car. So you take my bag and some of the tests and bring it to the car. In interest of this I say I am going to get you a gift certificate next week for being so kind. Was that a contract? No because the offer wasn’t made until the action was completed. When you offered to help me did I offer you anything? No   Pre-existing duty rule-make me a sculpture of myself for 5000$, I'm in art school, I will make a sculpture for you for 5000. I call you up a week later and say I know we had a deal of 5000, I am not doing any more work can you give me 6000, its taking me longer than expected, and I know it’s the same job but I just want more money, you will give me 5000 because you did nothing to deserve an extra 1000, you are back to the original pre-existing duty.   Promises to charity-t/f-in NY if you make a promise to a charity it is a contract-False. Because they are not giving back consideration-it’s a gift. BUT in NY by although it is not a contract, promises to charities are enforceable by court-yes. Made exception.   Promissory estoppel as opposed to quasi contract.  Remember promissory estoppel promise is made, none with quasi contract. To have a promissory estoppel there must be a promise. Quasi contract is somebody is doing a benefit for me, I know they made a mistake but I didn’t tell them. Promissory estoppel- I promised to pay your tuition because I just won the lottery, you rely on my promise and than I backed out of the promise, the court says well Morgan you suck because she relied on that promise and you still have to do that. T/F-I look out my window and someone is changing the glass on my windshield, and I look out and say someone is changing the glass on my car, he's got the wrong car, he knocks on the door asks how will I pay him? I have to pay him because I didn’t stop him and I know he was doing a mistake, is this concept of quasi contract or promissory estoppel? Quasi contract because promissory estoppel requires a promise!   I say I owe you 3000 and you say I owe you 5000, I take out a check and write on it, 3000. We have a dispute, what do I write on the check? PAID IN FULL. If there is a dispute we call this unliquidated because it is unclear. If there is a dispute and people are fighting about the amount owed, if the guy who writes a check for how much he thinks he owes (3000) and says paid in full, and you cash it—can you collect the balance (the other 2000), NO. A liquidated debt-this is a trick question-you are owed 3000 and you write a check for 3000-there is no dispute- this is LIQUIDATED-CLEARLY NO DISPUTE. I write a check to you for 1000, and I write because I'm an asshole-paid in full, you go to the bank a week later and you cash the check-despite having cashed the check you can still get the balance-True-because there is no dispute! We have a dispute and I say I owe you 5000 and you say 1000, I write a check for 5000 and write paid in full on check, I give it to you and you get it cashed t/f-you can still get the balance of the 5000 =FALSE you already cashed it. I say I owe you 5000, you say I owe you 5000-there is no dispute, I write a check for 2000 and write paid in full, you cash it, yes or no-despite cashing the check for 2000 you can sue for the remaining balance of 3000-YES. Because it was liquidated-no dispute.   T/F=A minor promises not to disclose contract, not to disaffirm (means they can get out of it if they want to.) if a minor promises not to disaffirm can she still get out of it-YES-minor. A minor lies about his age-can he still disaffirm-yes. If it is NOT a necessity-minor returns the item-minor gets all his money back. If it IS a necessity- he keeps it but he only liable for the reasonable cost. If it LSD (lost stolen or destroyed)- you don’t give a shit-the answer is still the same base on the law. Morgan buys a computer for 900, it is a necessity, and he should’ve only payed 500 because that’s the reasonable cost, Morgan is entitled to 900 back-FALSE, and Morgan is only owed 400. Morgan buys a computer for 900, it is NOT a necessity, and he can return it and get back all his money-TRUE Morgan buys a necessity for 900-he should’ve only paid 500, it is stolen, and because it is stolen he cannot get back the 400 markup-FALSE because Morgan said when its LSD rule still applies. Morgan buys a car, he turns 18, a week later he makes a car payment-a week later he wants to get out of the contract-can he do that? NO-because he made a payment after his 18th birthday and that ratified (APPROVED) the agreement.   Parents are liable for the tort of their children between ages of 10-18 up to $5000 to real and personal property. Real property is a home, personal property is movable Child support- T/F -if a minor becomes married-child support automatically ends-False T/F-if a minor becomes emancipated and is economically independent child support ends-True. If a child is adopted, the father doesn’t have to pay anymore child support-he is no longer the father. If a father dies he does not have to continue paying child support-because he is dead. If a child leaves home, because his father is an abuser the child no longer gets child support-FALSE-of course he still makes payments to support the kid Morgan is worth 50000000000 dollars he is 17, T/F he can still disaffirm his contracts-TRUE. But child support may be cut off. A minor contracts with an adult-the minor can get out of the contract. A minor contracts with a drunk-both can get out of contract. Must be obliterated. If you are judicially incompetent-their contracts are void. No one can force the they are void. What does a court declare incompetent? Who contracts? If an incompetent contracts with a drunk-no because any contract by someone who declared incompetent by a court is void.   Defenses You have a fight over the fact that I am the landlord and you’re the tenant, and I say you owe me more money for something you did to the property, and if you don’t pay me more money ill see you in court. You pay me the money, as a settlement, out of court settlement, of a civil matter. You than say sob Morgan I am going to take you to court, and you claim your under duress and you want your money back (meaning you feel forced), was it duress? NO it’s not that’s America, that is an out of court settlement. We leave class tonight, and I start beating the shit out of you—you say Morgan I will sue you, I say well don’t sue my ass and don’t report it to the police, you’re going to sign this release and I’m going to give you 10000 for your broken nose. Can you say you were under duress when you signed it? No because that was an out of court settlement.   Elements of fraud-only one thing that might be tested- its not fraud if you would have bought it anyways cause you weren’t home. You buy a car from me and I say it has 100,000 miles on it but it actually has 200,000 miles on it. I lied to you. But its still a good car and you still would have bought it anyways. That is what makes it NOT fraud.   Punitive damages are made to punish-you only punish someone if they lie to you. Punitive damages are always outlawed in contract cases-FALSE Punitive damages are rarely outlawed in contract cases-TRUE.   Mutual mistake-both people are mistaken at the time the contract is made-if they are both mistaken as to the facts can they have the contract? Yes. A mutual mistake of value is an EXCEPTION if you are mistaken of the value of the item, than you cannot get out of contract. Unilateral mistake-you can never use unless one person knew the other made a mistake. I sell your house- and you don’t know the house burned down an hour ago-this is a mutual mistake-both can revoke out of contract. I’ll sell you my vodka bottle for $50, you say cool, and we had a deal. I send you an email 10 minutes later saying oops I made a one sided mistake- its actually $55. Can I get out of the 50$ deal? You can’t raise your mistake unless the other party knew you made an error. When you said 50 did I know you meant 55? No, so you cant get out!   Unconsciounability- to get out of a contract as unconscionable you must be retarded. If you’re sickly retarded your unconscionable and you can get out of contract.   Exculpatory clauses DO NOT WORK FOR LANDLORDS.   Covenants not to compete.  Reasonable as to time and location- when I leave your business I will not compete with you.   Malum prohibitum-its bad but its only bad because they say its bad. Agreements to commit a crime or tort.  Malum per se Agreements that violate ordinances.   Malum prohibitum I walk into a restaurant, I have a lovely meal, I leave and I notice oh your inspection license with the state of NY expired last week-I’m not paying! Do I have to pay? YES Is that malum prohibitum or malum per se-malum prohibitum. They are prohibited to serving me with a license but its not so bad I still have to pay for the meal. I am selling shirts without a license to sell shirts in new york, you want your money back can you? NO, this is malum prohibitum-I don’t have a license is the contract still there? Yes.   Lotteries-you wins the lottery, not the NYS lottery, you win a little league lottery, and can you sue them for the prize? No lotteries are illegal. Next week, who ever shows up to the midterm as the best dressed UAlbany Gorilla gets an A, without taking it, is that a lottery? NO because a lottery is BASED ON CHANCE.   T/F-you hire me to be your attorney, I am not an attorney, you know I am not an attorney but you hire me anyways, you pay me money for the legal work, we both know I am not an attorney, you pay me and then you decide that your not happy with the work. You can successfully sue? NO (FALSE) because we both know that it was a stink contract but we were in it together! (IN PARI DELICTO)   In NY if you give a loan of 16% or more its illegal, Morgan the loan shark gives you a private loan at loan 60%, t/f in NY you can at least get back for the principle? NO, when you give someone a loan, they must pay back the principle (that is what you loaned them) plus the interest. When you took a loan for 70,000 (the principle), can a loan shark in NY if they give you an illegal high rate loan can they sue for the principle back or the interest? No they can sue for nothing, and what do you get? A limp-what happens to mommy? She disappears. Or your suite mate? She looses an arm. Loan sharks do not go to court.   Statue of frauds-5 questions Take the questions slowly If the statute of frauds who can raise it-everyone. If your jumping-the statute of frauds does not apply. If you’re not jumping-the statute of frauds applies. I hire you to do a job 2 years from now, jump, the contract is in writing, but no one has signed it, both parties can raise the statute of frauds. I give you a lease for 8 months-don’t jump, contract is oral, CAN’T RAISE IT CAUSE YOU DIDN’T JUMP. I promise (im the executor) I promise to pay the debts of the dead man from my own ASSETS, are you jumping? YES, contract is in writing, no one signed it, BOTH parties can jump. I sell you a computer for 1000, JUMP, contract is oral, JUMP, the statute of frauds may be raised by both parties. I promise one of my own creditors that I will pay my debts, NOT JUMPING. You promised her a creditor would pay the debts of another, the contract is oral, both parties can raise? NO I sell you 15 beds, the contract is oral, you pay to take possession of 5, t/f-you can raise the statute of frauds as to the entire contract of 15? NO, you can raise it to 10 (the ten you did not take).   Assignments-i'm getting a contract benefit and then I give it to somebody else after. Assignee-person who gets the benefit. I buy a car and pay to have it delivered, I call them on the phone and tell them to deliver it to randy instead of me. Randy is the assignee because I had a contract made but I decide to give it to her after. Can you call randy and say you want the car back? NO because the gift has been received. I hired you to paint my home, I call them and say I want my neighbors home pained instead but his house is 2x mine, does the painter have to do that job? NO BECAUSE IT INCREASES HIS BURDEN.   Assigned offer

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