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31 Cards in this Set
- Front
- Back
rules created and applied by those having governmental powers
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administrative law
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power that a given level of government has to enact laws |
jurisdiction |
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an earlier case used to resolve a current case because of its similarity
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precedent |
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rules that focus on what would be fair given the specific circumstances of the case, as opposed to what the strict rules of common law might dictate |
rules of equity
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an agreement between two parties that is enforceable in a court of law |
contract |
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parties have agreed on what their essential obligations are to each other |
"meeting of the minds" |
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test based on how a “reasonable” person would view the matter |
objective standard test |
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the legal assumption that parties to a contract are able to look out for their own interests
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equal bargaining power |
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A promise to perform specified acts on certain terms
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offer |
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An expression of willingness to do business
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invitation to treat |
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A “take it or leave it” contract, where the customer agrees to a standard test of terms that favours the other side, no negotiations |
standard form contract |
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Unqualified willingness to enter into a contract on the terms in the offer |
acceptance |
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A promise for which no consideration is given (promises to provide something at no charge and later changes mind) |
gratuitous promise |
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Legal obligation that a person already owes |
pre-existing legal duty |
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Legal presumption in favor of one party that the other side can seek to rebut or dislodge by leading evidence to the contrary (true unless proved otherwise) |
rebuttable preseumption |
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states promise explicitly |
express term
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not expressly included in a contract, but is necessary to give effect to parties intention |
implied term
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term of contract that limits liability for breach to something less than would otherwise be recoverable (liability shall not exceed the unit price of the tracking, and in no event should it include loss of profit)
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limitation of liability |
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a term of a contract that identifies events causing loss for which there is no liability whatsoever
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exemption clause |
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terms are enclosed with a product such as prepackaged software (opening package constitutes agreement to the terms)
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shrink-wrap agreement |
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appears on a user’s computer screen when they attempt to download software or purchase things online, must review terms prior to clicking an “I accept” button, usually user cannot proceed without agreeing to the terms |
click-wrap agreement |
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user agrees by simply using the website, they are bound by the terms of use associated with website and agree that those terms are part of a binding contract between the parties |
browse-wrap agreement |
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involving a defect so substantial that it is of no force or effect |
void contract |
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in certain circumstances, an aggrieved/upset party can choose to keep in force or bring to an end
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voidable contract |
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Unfair manipulation that compromises someone’s free will, operates in actual pressure and presumed pressure |
doctrine of undue influence |
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Contracts that are made when one of the parties are being threatened with physical harm (not enforceable)
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duress |
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Unfair contract formed when one party takes advantage of the weakness of another
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unconscionable transaction |
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A false statement of fact that causes someone to enter a contract
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misrepresentation |
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An error made by one or both parties that seriously undermines a contract
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mistake |
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a minor term that, if breached, gives the innocent party the right to claim damages only
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warranty |
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an important term that, if breached, gives the innocent party the right to terminate the contract and claim damages
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condition |