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Definition
| The threat of harming someone |
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| Tort that deals with inference with business relations |
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| the keeping away from object |
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| Fraudulent Misrepresentation |
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| Lying or withholding the truth for personal gain |
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| public officers who exercise substantial governmental power and in the limelight |
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| wrongful act not involving a contract |
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| holding someone in prison (like a store manager) without permission |
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| Intentional Infliction of Emotional Distress |
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| doing something to purposely cause emotional distress to someone |
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| When someone enters an activity that they know is dangerous |
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| But for test, if they did something else, it would’ve been a different result then foreseeability |
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| The person who is liable isn’t 100% if the other person has some fault |
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| the duty of a person to exercise care for the public |
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| a savior will not get in trouble for harm he may cause while trying to save a life |
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| the failure to exercise the standard of care that a reasonable person would exercise |
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| negligence that violates a statute |
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| damages paid to the plaintiff to punish the defendant |
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| Reasonable person standard |
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| the behavior that is expected by a reasonable person |
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| a person actually notices something that can cause danger |
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| a person may not have noticed something that can be dangerous, but he should’ve noticed |
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| the rights of an artist, author, or computer programmer to protect their works |
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| a trademark in cyberspace |
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| buying a domain then selling it to companies who wants them |
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| patents, copyrights – property resulting from creative property |
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| the protection of ideas; deals with inventions |
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| a specific performance that is unique, like an airline |
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| a specific style of appearance; overall image |
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| protection of business names that is directly related to their reputation |
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| information that gives business an advantage over competitors that do not have that information |
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| a distinctive mark, motto, device or implement that a manufacturer stamps |
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| an agreement between two people to perform or refrain from performing some act |
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| Agreement is completely performed by all the parties |
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| agreement is not completed by at least one of the parties |
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| the terms of the agreement are stated either in writing or orally |
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| Contracts that are implied (candyman) |
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Definition
| Person who the offer is being made to |
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| Person who makes the offer |
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| A person’s declaration that something will or will not happen |
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| The person who gets the promise made to |
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| The person making the promise |
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| Fictional contract that is created in the idea of fairness |
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| promise for a performance. Offeree can only accept by performing |
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| contract that has no legal force or effect |
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| contract where one party may avoid or cancel |
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| Court will look at the face of the contract and not take into consideration the outside evidence or try to interpret the meaning |
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| requires special form/seal |
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| does not require any form |
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| made by the offeree, words or action that indicates that they agree with the terms of the contract |
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| meeting of the minds regarding a contract reached through offer and acceptance |
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| rejection of the original offer paired with a new offer |
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| Acceptance is effective upon dispatch while rejection is effective when it is recieved |
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Term
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Definition
| acceptance must match the terms exactly of the offeror’s |
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Definition
| made by offeror, promise of commitment to perform/refrain |
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Definition
| a contract to reserve the rights of something |
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| Offeree says that he does not want to accept. |
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Term
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Definition
| parties have a dispute and (1) agree to accept a performance that’s different from originally agreed upon – “accord”; then (2) once the accord is performed, have “satisfaction” and the original obligation is extinguished. |
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Definition
| value given in return for a promise |
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Definition
| the refraining from an action that one has legal right to undertake |
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Definition
| promise for an act/event that’s already occurred is not sufficient consideration. |
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| If already have a duty, promise to do same is not sufficient consideration |
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Term
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Definition
1. Legally detrimental to promisee, or
2. Legally beneficial to promisor. |
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Term
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| contract that shocks the conscience |
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| contract that is too black and white |
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| the minimum mental ability or competency required to enter a contract |
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| non-competitive clause, is a formal agreement asking former employees not to perform similar work within a designated area for a specified amount of time after leaving their original employer. |
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| setting aside a contractual obligation |
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| minor is seen as an adult |
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| food, shelter, medical care, education and insurance |
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Term
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Definition
| affirmance, acceptance of contract |
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Term
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| under 18, they can enter contracts but its voidable, only the minor may disaffirm |
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Term
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Definition
| defense to enforcement of contract; claim that capacity was inhibited by alcohol and lacked mental capacity to contract. |
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Term
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Definition
| defense to enforcement of contract; claim party did not know he/she was entering into a contract or that he/she lacks ability to comprehend nature, purpose, or consequences of contract |
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Term
| Innocent misrepresentation |
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Definition
| statement that is made by a person who believes that statement is true; rescission is the remedy |
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| Negligent misrepresentation |
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Definition
| statement is made carelesslys |
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Term
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Definition
| mistakes are made by both parties; either party may recind |
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Definition
| mistakes made by 1 party; generally no relief, contract is enforceable |
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Definition
| arises out of relationships in which one party is highly persuasive and is able to overcome the other party’s free will |
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| a threat that causes a party to perform a certain way |
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| promise to pay for the debt of someone else |
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Definition
| contracts dealing with marriage |
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Definition
| statute that requires certain contracts in writing |
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Definition
| If a person pays for someone’s debt and gain from it, then it falls out of the Statute of fraud |
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Term
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Definition
| delegation and assignment |
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Term
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Definition
| the rights belonged to this person |
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Definition
| the rights get assigned to this person after than assignment |
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Term
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Definition
| the person that gets the duty transferred to them |
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Definition
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| the person who transfer their duty |
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| a person was not intended to benefit |
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Definition
| a person was intended to gain the benefits from a contract |
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Term
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Definition
| refers to principle that only parties to a contract owe any duties or hold any rights based on the contract |
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Term
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Definition
| prior to duty to perform arising, one party informs other that will not/ cannot perform; and at time informed, breach occurs. |
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Definition
| a contract is not honored by a party |
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| Commercial impracticability |
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| extremely difficult or costly |
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Definition
| parties agree to perform at same time |
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Definition
| possible future occurrence that may trigger performance or discharge an obligation |
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Definition
| a condition that must be fulfilled before a party’s performance can be required |
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Definition
| when a condition operates to terminate a party’s absolute promise to perform |
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Term
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Definition
| terminate one’s contractual duties; performance, agreement or operation of law |
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Term
| Impossibility of performance |
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Definition
| a contract will be discharged if a performance is impossible to do |
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| Material Breach of Performance |
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Definition
| party fails to substantially perform |
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Definition
| replacing a party with another party, unlike assignment, all parties must be notified and agree |
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Term
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Definition
| contract terminates when parties perform or tender performance |
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Term
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Definition
| indirectly result from breach; reasonably foreseeable to breaching party at time of breach. |
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Definition
| damages that the parties have fixed or settled before the breach occurs. Damages must be difficult to estimate and must be a reasonable amount |
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Definition
| The damaged party does as much as they can in order to minimize damages |
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Definition
| used when no actual damages, but have a “technical” injury. |
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Definition
| rewriting of contract to reflect true intent of parties |
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Definition
| return of goods, property. |
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Definition
| giving up of a legal right; not pursuing a claim. Like the guy who didn’t complain about the late rent |
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Definition
| during litigation, plaintiff must choose which remedy will obtain – cannot be compensated more than due. |
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| cancellation of contract. |
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| compensate for injury or losses as a result of the breach. |
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| used to punish defendant and deter future conduct; will see in tort claims (i.e.fraud), not in contract. |
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Definition
| It’s like an option contract but deals with sales of goods and doesn’t require consideration |
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| Agreement in which lessor transfers rights of possession and use of tangible and movable property to lessee in exchange for rental payments. |
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Definition
| The person who is renting |
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| The person who is letting someone borrow |
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| Regularly deals in goods of the kind involved in the sales/lease contract. Or has a lot of knowledge or hires a merchant |
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Definition
| A place will sell everything they make |
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Definition
| passing of title from seller to buyer for a price. |
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Definition
| contract dealing with sales |
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Definition
| A contract in which the seller is required to ship the goods by carrier and deliver them at a particular destination. The seller assumes liability for any losses or damage to the goods until they are tendered at the destination |
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| goods that are alike by physical nature |
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Definition
| the designation of the specific goods provided for in the contract. THIS pen is for THIS person. |
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Definition
| An interest either in a person’s life or well-being or in property that is sufficiently substantial that insuring against injury to the person or against damage to the property does not amount to a mere wagering contract |
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Definition
| seller is required to ship the goods by carrier. The buyer assumes liability once it is shipped |
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Definition
| deals with which party should bear loss stemming from damage to or destruction of goods. |
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