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| Biggest challenge with criminal law: |
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| Burden of proof for Criminal Law |
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| Falls with the state; must be beyond reasonable doubt; presumption of innocence is attacked at time of accusation |
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| Burden of proof for Civil Law |
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| Falls on plaintiff; based on preponderance of evidence (tips the scales); |
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| civil wrong other than a breach of contract |
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| Questions of Fact are determined by whom? |
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| Questions of Law are determined by whom? |
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| law set by precedent (appellate courts) |
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| written laws, legislative |
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| Manifestation of Mutual agreement (offer & acceptance); Consideration; Legality; Contractual Capacity |
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| What constitutes a void contract |
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Definition
| absence of 1st three elements (anyone of them) |
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| Characteristics of Voidable contracts |
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| 1. Degradation of Capacity 2.Capacity as a function of duress 3. When volition is compromised |
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| Characteristics of an Unenforceable contract |
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Definition
1. Expiration of statute of limitations 2. non-compliance with statute of frauds
- enforcement must be written |
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| When must unilaterality and bilaterality be expressed? |
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| Unilateral contract is what? |
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| A bilateral contract is what? |
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| a promise for a promise; can have unilateral provisions |
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| Synonym for Executing Contracts? |
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| Characteristics of Expressed and implied contracts |
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| 1. Same elements 2. can be expressed orally or written or any combo of two 3. may be based on conduct or combo of conduct and expressed agreement |
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| Characteristics of Quasi contract |
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Definition
| 1.Not a "contract" (no assent) 2.Obligation is based on unjust enrichment |
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| choosing the applicable body of law |
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| Two Major bodies of contract law |
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| 1.Common Law 2.Uniform Commercial Code, Art. 2 and Art. 2A |
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| How does common law relate to contracts? |
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| Does not fit in commercial environment |
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| typically consistent with common law; "Between Merchants" indicates a departure from common law; Article 2 covers the lease of goods |
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| tangible, moveable, personal property |
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| What is the interpretation of a contract a question of? |
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| determining meaning of contract language |
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| definite proposal communicated which is contingent upon some return act or promise in exchange, with the intent to make the offer. |
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| Essential Requirements of an Offer: |
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| 1.Intent to make an offer 2.terms that are reasonably definite and certain 3.Communication by the offeror to the offeree |
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| some definite assent to the exact terms of the offer |
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| Characteristics of an offer: |
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| stays open for a "reasonable" period of time; can be rescinded at any point before acceptance (except promise for a promise) |
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Term
| What does Section 2-205 of UCC state about offer durations? |
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Definition
| if they don't exceed 3 months then no consideration is required |
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Term
| Consideration test determines what? |
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| determent to the promisee (offeree) and legal benefit to the promisor (offeror) |
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| giving something they are not legally required to give up |
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| receiving something that they have no legal right to obtain |
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| What must consideration be? |
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Definition
| bargained for (nothing in the past is good for consideration) |
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| Is legal value always economic? |
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| When does Adequacy of consideration come into play? |
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| Characteristics of Promissory Estoppel |
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| not breach of contact; relates to gratuitous promises; Don Davis vs Nissan |
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| both parties are "at fault" |
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| 1.Contracts to commit crimes 2.Usury 3.Licensing statutes 4.Contracts in restraint of trade 5.Covenants not to compete 6.contracts contrary to public policy |
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| must be a loan; debt is unconditionally re-payable; rate of interest is too large |
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| What is the restoration amount for Usury loans? |
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| 3 times the over-charged interest |
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| if someone is practicing without a license then they cannot enter into a contract for those services |
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| Two Types of Covenants not to compete: |
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| Employment and Sale of a business |
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| 2 Part test for Covenants not to compete: |
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| 1.Is there a property interest to be protected? 2.is the restraint reasonable? |
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| Two categories of contracts contrary to public policy? |
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| immoral K's and Exculpatory clauses |
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| outlines limitations to liability. Some are too severe and thus make the contract illegal. |
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