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| is good for 20 Years, no renew |
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| is a legal rule in most of the world's patent systems that allows a court to hold a party liable for patent infringement even though the infringing device or process does not fall within the literal scope of a patent claim, but nevertheless is equivalent to the claimed invention. |
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| Applicable law: Lanham Act, can be renewed every 10 years |
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| diminishing of the capacity of plaintiff marks of identity and distinguished goods or services |
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| Intangible right granted by statute to the author or creator of certain tangible literacy or artistic productions. Registration not requried but recomended. good fro 95 years from first publication, 120 from first creation |
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| any secret formula, pattern, process, program, method, device, technique used in owners business that gives the owner a competitive advantage |
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| publication of false statements, disparaging to another business causing harm to their economic interests |
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| use of copy righted work or trademark is used without the property holders permission |
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| intentional interference with contractual relations |
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| in the common law of torts, occurs when a person intentionally damages the plaintiff's contractual or other business relationships. |
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| breach results in government to force the breaching party to honor the contract |
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| Agreement, Competant parties, Cosideration, capactiy, legality |
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| two parties make promises |
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| One party makes promises, Lost cat example |
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| circumstances allow one pary to void |
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| agreement prohibited by law |
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| ie interent click here to install |
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| agreement not shown by words, but by acts and conduct of parties |
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| covers goods and services |
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| Article 2: expressly applies to contracts from the sale of goods. goods are tangible, movable. Does not apply to real estate |
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| International Contract Law |
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| Contracts for the International Sale of goods |
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is a Latin phrase meaning "what one has earned". In the context of contract law, it means something along the lines of "reasonable value of services".
In the United States, the elements of quantum meruit are determined by state common law. |
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| obligation imposed by law to prevent unjust enrichment of one party in a certain circumstance |
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| when a person makes a false statement to another and the listener relies on what was told to him/her in good faith and to his/her disadvantage. In order to see that justice is done a court will treat the statement as a promise, and in a trial the judge will preclude the maker of the statement from denying i |
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| treated as unilateral contract |
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| sale of goods at specific prices generally are not considered offers, but are invitations to offer or negociate |
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| Exceptions to termination by revocation |
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| option contract, offers for unilateral contract, firm offers, promisory estoppel |
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| 3 characteristics of an offer |
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| intent, definite terms, communicated to offeree |
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| 3 elements of a Negligence claim |
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the defendant owed a duty
that the defendant commited a breach of said duty
the breach was the actual cause of the injury |
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| Three Classifications of premises liability |
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| Tresspass, Licensees, Invitees |
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| 2 classifications of Invitees |
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| two types: business visitor, public invitees |
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| licensees enters the property for business. |
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| enters land without the possesors consent. |
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| is the legal doctrine whereby an act is considered negligent because it violates a statute (or regulation) |
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| the plaintiff who proves actual cause has not yet established the causation link necessary to enable her to win the case. |
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| "thing speaks for itself"- defandant has exclusive control of the instruments of harm, harm occured would not ordinarily occur in the absense of negligence |
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| Plaintiffs failure to exercise reasonable care for her own safety |
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| the contemporary replacement for the traditional doctrine of contributory neg. The basic idea is that damages are apportioned between the parties to a negligence action in proportion to their relative fault. |
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| often used synomously with comparative negligence: a defense that operates like comparative neg. but considers the plaintiff and defendants overall fault rather than eithers negligence alone |
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| a traditional defense to negligence based on the argument that the plaintiff voluntarily exposed himself to a know danger. |
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| liability without fault or irrespective fault |
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| Act prohibits trademark dillution, false advertising, and trademark infrignment |
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| 5 catagories of Distinctiveness |
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| Arbitrary or fanciful marks, suggestive marks, descriptive marks, marks that are not inherently distinctive, generic terms |
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| Forbids others from using a mark similiar that would lessen its uniqueness |
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| contracts are called this when they have yet to be fully performed |
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| lets us create a type of private law |
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| is where one person is unjustly or by chance enriched at the expense of another, and an obligation to make restitution arises, regardless of liability for wrongdoing |
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| is an exception to the general rule ofcontract law in common law countries that acceptance takes place when communicated. |
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The terms of an offer must be clear enough to the offeree to be able to decide whether to accept or reject the terms of the offer.
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| sellers at auctions are generally treated as making an invitation to offer |
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| even if they have promised to hold the offer for a stated period of time offers are revocable |
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| an offer is terminated if the performance of the contract it proposes becomes illegal before the offer is accepted. |
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| also referred to as an unequivocal and absolute acceptance requirement states that an offer must be accepted exactly without modifications. The offeror is the master of his own offer. An attempt to accept the offer on different terms instead creates a counter-offer, and this constitutes a rejection of the original offer. |
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| may accept within a reasonable time by any reasonable means of communication |
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| legal value, bargained for and given in exchange for an act or a promise. |
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| decieving or intending to decieve, as by false apprences |
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| Generally, performing a legal duty which is already owed under a contract does not constitute consideration, unless that duty is unclear or honestly disputed. |
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| a debt that is both due and certain. the parties have no good faith dispute about either the existence or the amount of the original debt. |
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| A good faith dispute about the existence or the amount of a debt makes it unliquidated. |
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| is not consideration at all. is an act or other benefit given in the past that was not given in exchange for the promise in question. |
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| are agreements between a debator and two or more creditors who accept as full payment a stated percentage of their liquidated claims. |
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| often enforced, despite the absense of consideration. |
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| means to the ability to incur legal obligations and aquire legal rights. |
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| the right to dissafirm is personal to the minor |
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| is the termintion of a parents right to control a child and recieve serivces and wages from him. |
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| a rule of law that a person coming to court with a lawsuit or petition for a court order must be free from unfair conduct (have "clean hands" or not have done anything wrong) in regard to the subject matter of his/her claim. |
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