Biz Law Exam 2
Terms
undefined, object
copy deck
- "in loco parentes"
- universities' view that they are responsible for student well-being
- Act for Prevention of Fraud and Perjury
- -old English law that said certain contracts must be made in writing -made people rethink entering contracts -came over from England, now in US law
- bilateral contract
- promise on one side and a promise on the other ie) sales contract
- Contract Law Creates?
- 1. Legal rights 2. Legal duties *Necessary for cause of action*
- Contracts That Are Enforcible (8)
- 1. Goods ($500+) 2. Land (real estate, deed) 3. One Year (takes over year to perform) 4. Surteyship/Guarentor/Co-Signer 5. Executor or Administrator 6. Marriage (writing if not marry to marry) 7. Non-Possessor Security Rights in Property (mortgage)
- Defenses to Negligence (3)
- 1. Contributory Negligence- dual fault 2. Comparative Negligence- jury places % on fault 3. Assumption of Risk- known danger, done anyway
- direct liability
- used with negligence such as improper security or maintenance
- Examples of Intentional Torts (10)
- 1. battery- harmful or unwelcome touching 2. assult- belief of battery in future 3. false imprisonment- unreasonable confinement of adult 4. conversion- civil form of theft (criminal term) 5. defamation- lie that damages someones character
- express contract
- terms come from language
- Factors of Quasi-contracts (4)
- 1. One party conferred a benefit on the other 2. Reasonable expectation of being compensated 3. Benefit came at express or implied of someone 4. Whether there would be unjust enrichment for not having to pay
- implied contract
- terms come from conduct
- Intentional Torts (3)
- 1. Specific Intent: mind of person decided to harm another 2. Transfer Intent: other harm results from intial plan of intent 3. General Intent: actions with intent to injure, but not a specific person
- joint and several liability
- when signed by two people, promise to pay either together or individually
- Negligence (4)
- 1. Duty: to plantiff 2. Breach: reasonal person would have done same? 3. Proximate Cause: "but...for" causation and foreseability 4. Damages: personal injury or damages to property
- negligent hiring
- businesses can be sued for hiring the wrong people for jobs
- Products Liability: Reason For Litigation
- 1. Intent- someone made it defective on purpose 2. Negligence- product found with defective design, product, or package 3. Strict Liability- wherever product leaves in defective condition, can sue (402A) 4. Express Warranty- promises made where p
- quasi-contract
- not actual contract due to problem with main elements *can be submitted as legal standing
- strict liability
- -No evidence can be brought about carefuless -Used with suits like explosives
- Three Elements of Contracts?
- 1. Mutual Assent (agreement both parties) 2. Consideration (both sides must give up something) 3. No Contract Defenses (problems or issues that would make it void)
- trading partners agreement
- contract between retailers and suppliers
- unilateral contract
- promise by one party in exchange for an action on the other side ie) rewards
- vicarious liability
- Must have: -agency relationshp -action w/i scope of agency *control
- void contract
- does not exist, possibly because it is illegal