Term
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Definition
| Offeree’s response to an offer in which the offeree rejects the original offer and at the same time makes a new offer |
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Term
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Definition
Agreement
Consideration
Legality
Capacity |
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Term
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Definition
• Formal
• Informal
• Executed
• Executory
• Bilateral
• Unilateral
• Express
• Implied in Fact
• Implied in Law |
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Term
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Definition
| Rule that acceptance matches the exact terms of the offer |
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Term
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Definition
| Capable of being affirmed or disaffirmed |
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Term
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Definition
In most states, a person is no longer a minor for contractual purposes at the age 18.
Enter into any contract that an adult can.
Voidable at the option of that minor. |
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Term
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Definition
• •Contract Void if:
• –Court judges mentally incompetent
• &
• –guardian has been appointed.
• •Contract Voidable if:
• –Not aware they are entering into the contract
• or
• –lacks mental capacity to comprehend contract’s nature, purpose, and consequences. |
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Term
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Definition
• •Key
• –Was there capacity at the time the contract was formed?
• •Contract can be either voidable or valid.
• –Courts look at objective indications to determine if contract is voidable. |
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Term
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Definition
| Liability regardless of fault |
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Term
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Definition
Used as defense for a party that does not believe there is an enforceable contract to be enforced, the following types of contracts must be in writing and signed
M- marriage
Y- year
L- land
E- executor/collateral
G- goods |
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Term
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Definition
Unilateral, mistaken party is bound by contract unless other party knows or should have known about the mistake
Bilateral, both parties are mistaken about material fact |
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Term
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Definition
| In regards to a fiduciary or confidential relationship one parties free will has been overcome by undue influence of the other party, the contract is usually voidable |
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Term
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Definition
| Forcing a party to enter a contract under fear of threat |
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Term
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Definition
Consent
Self-defense
Defense of others
Defense of Property- never deadly force |
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Term
| Special Negligence Doctrines |
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Definition
• •“Danger Invites Rescue” doctrine
• –Rescuer is injured protecting another from consequence of first negligent act
• •Dram Shop Acts
• –Bar owner liability for drunken patrons
• •Good Samaritan
• –Doctors |
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Term
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Definition
Violation of law that causes injury
• • Plaintiff must show:
• •Defendant broke a law/statute.
• •Plaintiff in special class to be protected; and
• •Statute designed to prevent injury to Plaintiff. |
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Term
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Definition
• •Court Inferred
• •Elements
• 1.Harm wouldn’t have occurred w/o negligence
• 2.Caused by something in Defendant’s control
• •Defendant has Burden of Proof
• –not negligent |
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Term
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Definition
Intent
False Statement
Publication |
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Term
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Definition
Made in public medium
Plaintiff must show ‘actual malice’ |
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Term
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Definition
| To land- entry onto, above or below land owned by another w/out permission or authorization |
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Term
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Definition
Assault—intent; reasonable apprehension or fear of immediate contact
Battery-- intent; completion (contact) of assault |
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Term
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Definition
• Trademarks
• Service Marks
• Certification Marks
• Collective Marks
• Trade Dress |
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Term
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Definition
• Automatic protection
• For life plus 70 years.
• U.S. Copyright Office protection |
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Term
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Definition
Invention
• •20 years
• –Design
• •14 years |
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