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Biz Law Exam 2


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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
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

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