Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
39 Cards in this Set
- Front
- Back
|
Undue Influence
|
-One party can greatly influence another party
-minors/elderly (under a guardian) -attorney/client, husband/wife, doctor/patient |
|
|
Intentional Misrepresentation
|
-contract will be voided if there was misrepresentation
-damages will only be awarded if there was injury |
|
|
Duress
|
-forcing someone into a contract by using fear or threats
|
|
|
Reforming a contract
|
-A court can reform a contract if there was an error in the terms and both parties understood the terms a different way
|
|
|
Unforeseeable circumstances effecting a contract
|
-if an unforeseeable event happens the contract will be voided and neither party will be punished
|
|
|
Quasi-contract
|
-a court may apply an obligation in the absence of an agreement (contract is unenforceable for some reason)
-Usually one party performs part of their duty and this is a better alternative to recover what was agreed for suing to -OVER $500 must be in writing |
|
|
Assigning a contract
|
-transferring the rights of a contract to a third party
|
|
|
Cannot recover land in contract
|
-Buyer will receive the difference between the market price and the contract price if land cannot be recovered(it was sold)
-Land is unique so if the land can still be transfered it always will for the originally contracted price, not by compensatory damages - |
|
|
Mitigation
|
-The injured party must do whatever is reasonable to lessen the damage cause by a breacher
|
|
|
Liquidated damages clause
|
-Contract clause thats states the specific amount that will be awarded if a breach occurs
|
|
|
Recession of a contract
|
-Both parties must agree to back out of the contract involving an:
-offer, acceptance, and consideration |
|
|
Bilateral contract
|
-a promise to perform
-contract is performed at the same time it is formed |
|
|
Unilateral contract
|
-offeree can only accept by performing an act
-contract is not formed when the promises are exchanged but only when the contract is performed |
|
|
Expressed vs Implied contract
|
-Expressed contracts are clearly stated promises either written or oral
-Implied contracts are not expressed outright but it is assumed (ex. dropping clothes to a dry cleaner) |
|
|
Executory contract
|
-one party has performed their duty but the other has not
|
|
|
Exculpatory contract clause
|
releases a party from liability in the event of monetary or physical damage, no matter who is a fault
|
|
|
Formal vs informal contrct
|
-formal contracts, by law, require a specific form for its validity
-informal contracts do not |
|
|
What is a tort
|
-A tort is a wrongful action and involves compensation either monetary or some other form
-French for wrong |
|
|
Punitive Damages
|
-monetary damages awarded to a plaintiff to punish the defendant and also to deter others from performing the same action
|
|
|
intentional torts
|
-the person must act with knowledge that consequences may result
-does NOT have to be a harmful motive |
|
|
Assault and Battery
|
Assault- an action or threat that makes a reasonable person fear physical harm
Battery- unprivileged, intentional touching of another Defenses include: -consent -self defense -defense of others -defense of property |
|
|
Slander and Libel
|
Slander-Defamation in oral form, must be a statement of FACT
Libel-Defamation in writing or other form (video, audio) must be communicated to a third party |
|
|
False imprisonment
|
-confinement or restraint of another person against there free will
-suspected shoplifters can be detained for a reasonable length of time only if they have probable cause |
|
|
Defamation
|
anything published or publicly spoken that can damage a person's good name
|
|
|
Puffery
|
-an exaggeration of the quality of property for sale
-opinion not fact so is not legally binding |
|
|
Trespass to land
|
-person does not have to harm the land only enter it
-an invited guest becomes a trespasser only when asked to leave and they don't comply |
|
|
Conversion
|
-Taking possession of someone else's property and giving it to someone else
|
|
|
negligence per se
|
failure to act in violation of a statutory requirement
-ex meeting safety standards |
|
|
Res Ipsa loquitor
|
negligence may be inferred simply because an event occurred
-ex a surgeon causes damage during a procedure |
|
|
Appropriation
|
the use by one person of another persons name or likeness without permission
|
|
|
Wrongful interference
|
-contract-3rd party purposely causes a breach in a contract
-business relationships-taking business (predatory behavior) |
|
|
Pure comparative negligence vs the 50% rule
|
-Pure comparative negligence allows the plantiff to recover some portion even if at more fault than the defendant (can apply to strict product liability too)
-50% rule(some states) plaintiff gets nothing if they are more than 50% at fault |
|
|
Strict Liability
Whose at fault? |
-Liability regardless of fault, does not have to be intentional
-involves abnormally dangerous activities, dangerous animals, and defective products -1868 rylands vs fletcher |
|
|
Negligence in product liability
2 parts |
-due care must be exercised
-privity of contract not required |
|
|
Misrepresentation product liability
|
fraudulent misrepresentation made to a consumer, ultimately results in injury
|
|
|
Strict product liability requirements
6 |
1. product was in a defective condition when sold
2. defendant conducts business regularly 3. product was unreasonably dangerous 4. PLAINTIFF incurs physical harm 5. defect was cause of injury 6. product was not altered after sale |
|
|
Market share liability
|
liability shared amongst all firms that were involved in the making and distributing of a product proportional to market share
|
|
|
Product misuse defense to strict product liability
|
product is used for a purpose which it was not intended
-if misuse is reasonably foreseeable the manufacturer must warn against it |
|
|
Statute of repose
|
places time limit to place a product liability suit
12 years |
