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32 Cards in this Set
- Front
- Back
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Capacity-Minors
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Contracts are voidable until minor affirms contract upon becoming an adult or time passes after minor reaches adulthood
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Capacity-Drunk
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Voidable for a reasonable amount of time after sobriety is reached
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Capacity-Incompetents
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Mentally unfit to manage own affairs, contracts are void from that moment on
-Voidable if not yet declared mentally unfit |
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Illegal by Nature
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Void; Selling illegal drugs
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Comission of an Illegal Act
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Void; Prostitution, gambling
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Public Policy
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Void; Contract for assisted suicide
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Mistake-Unilateral
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Ex. Person measures door frame and orders wrong door size
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Torts Definition
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Private wrong not based on contract
Ex. Car accident, medical malpractice, defamation |
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Battery
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Harmful or offensive contact
Ex. Punching, groping, spitting |
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Assult
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Victim is placed in reasonable apprehension of receiving immediate harm
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Assult/Battery Defenses
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1. Self defense (reasonable)
2. Consent (Sports, doctor, dating) |
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False Imprisonment
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Confine or restrain someone w/o justification
-Most common in stores |
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Infliction of Emotional Distress
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Extreme and outrageous behavior that results in severe emotional distress
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Defamation
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Making false statements that damage a person's reputation
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Malice
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Statement done intentionally or with a reckless disregard for the truth (Public figures)
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Defamation Defenses
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Truth, privlage, job references made in good faith
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Invasion of Privacy
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Using someone's image for gain
Ex. Celebrity picture for an ad w/o permission |
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Invasion of Privacy
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Public disclosure of private facts that an ordinary person would find objectionable (Grades)
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Misrepresentation Elements (Fraud)
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Lying in a contractual situation about something important
Ex. Turning back odometer |
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Puffery
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"The car is great!"; Legal
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Wrongful Interference with a Contractual Relationship
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Destroying a contract that you are aware of
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Trespass to Land
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Entering w/o permission
-Refusing to leave upon request |
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Trespass of Personal Property
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Unlawful taking w/o intent to steal
Ex. Joy riding |
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Unintentional Tort Definition
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Acting negligently when you fail to use the degree of care that a reasonable person would under the circumstances
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Unintentional Tort-Duty
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Human action required by law to act reasonable
Ex. "Gun in bedroom" case |
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Unintentional Tort-Breach
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Violate duty by acting unreasonable
Ex. Car accident on ice |
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Unintentional Tort-Injury
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Causing harm/damage
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Unintentional Tort-Causation
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Proximate cause in the injury must be a reasonably foreseeable consequence
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Assumption of Risk
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Voluntarily assuming a known risk
Ex. Hit by a foul ball |
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Contributory Negligence
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If the plaintiff is hardly at fault...no recovery
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Comparative Negligence
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Plaintiff's recovery is reduced by the % of plaintiff's fault
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Good Samaritan Statues
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Protect medical people giving emergency help
-Can only be sued if reckless |
