Term
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Definition
| A legally binding document |
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Term
| Six Elements of a Contract |
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Definition
Competent Parties
Legal Subject Matter
Offer
Acceptance
Consideration
Mutual Agreement
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Term
| What are the methods of classification for a contract? |
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Definition
Means of Formation
Stage of Performance
Enforceability |
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Term
| What are the seven means of formation for a contract? |
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Definition
Unilateral
Bilateral
Express
Implied
Implied-in-fact
Formal
Informal |
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Term
| What are the two stages of performance in a contract? |
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Definition
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Term
| What are the three types of enforceability in a contract? |
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Definition
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Term
| What is the Objective Theory of Contracts |
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Definition
| What would a reasonable person have intended |
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Term
| What is customarily meant by the term implied contract? |
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Definition
| Not actually in the agreement, but understood by the parties as agreed to |
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Term
| What are the rules of contract interpretation? |
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Definition
Plain/common meaning rule
Rule of conflicting provisions
Rule against ambiguities
Rule of severability
Parol evidence rule / exception |
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Term
| What are the parol evidence exceptions? |
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Definition
Evidence of subsequent modification
Evidence that the contract is void or voidable
Evidence of an ambiguity
Evidence as to custom and usage
Evidence of a mistake
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Term
| What is the difference between a contract and a gift? |
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Definition
Gift is not an agreed upon exchange,
A contract has an agreed upon exchange |
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Term
| What is an assignment vs. a delegation? |
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Definition
Assignment transfers rights to a third person
Delegation transfers obligations to a third person |
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Term
| What are the three contractual conditions? |
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Definition
Conditions precedent
Conditions subsequent
Concurrent conditions |
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Term
| What is conditions precedent? |
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Definition
| Condition must be fulfilled before a parties performance can be required |
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Term
| What is conditions subsequent? |
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Definition
| Condition that operates to terminate a parties obligation |
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Term
| What is concurrent conditions? |
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Definition
| Condition requiring the parties to perfrom their obligations at the same time |
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Term
| What are the legal requirements of and restrictions on covenants not to compete? |
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Definition
Type of service
Length of time
Area of restriction |
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Term
| Six types of remedies that might be sought in a contract action |
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Definition
Specific Performance
Reformation
Damages
Rescission
Restitution
Quasi-Contract
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Term
| What are the two types of damages in a contract? |
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Definition
Compensatory (Nominal, Liquidated)
Punitive |
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Term
| What are two types of third party beneficiaries? |
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Definition
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Term
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Definition
| Volunteered relinquishment of rights or privileges |
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Term
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Definition
| Stopped from doing something |
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Term
| What is mitigation of damages? |
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Definition
| Reasonable care to minimize or avoid injury |
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Term
| What are contracts to cure? |
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Definition
| Contract for a promised result |
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Term
| What are three ways in which a government contract differs from a non-governmental contract? |
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Definition
Enabling Statues
Administrative Law
Prescriptive Statues
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Term
| Who does prescriptive statues favor? |
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Definition
Small business
Organized Labor
Veterans
Depressed areas |
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Term
| Who is the only individual who can legally bind the US to a contract? |
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Definition
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Term
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Definition
| Noncontractual civil wrong committed against a person or property |
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Term
| What is the difference between a tort and a contract? |
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Definition
| Torts are not written down where as a contract is |
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Term
| What are the three major types of torts? |
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Definition
Intentional
Negligent
Strict Liability |
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Term
| What is the difference between an intentional tort and a criminal act? |
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Definition
A crime is a wrongful act that the state or government has identified as a crime, results in fines, damages, and jail time
Intentional tort is a wrongful act that injures or interferes with another person or property, results in damages |
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Term
| What are the four parts of a negligent tort? |
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Definition
Duty
Negligent breach of duty
Injury
Causation |
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Term
| Types of negligent medical torts |
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Definition
Failure to consent
Failure to refer
Failure to obtain informed consent
Abandonment
Breach of confidentiality |
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Term
| What is Strict Liability? |
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Definition
| A person is legally responsible for their own act or omition of culpability |
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Term
| What are types of torts against a person? |
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Definition
Abandonment
Assualt
Battery
Defamation
False Imprisonment
Invation of Privacy
Mental Distress
Outrage |
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Term
| What are types of torts against property? |
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Definition
Converson
Fraud
Interference with contractual relations
Trespass |
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Term
| What type of tort requires a third party? |
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Definition
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Term
| What are two types of defamation? |
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Definition
Slander - Oral
Libel - Written |
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Term
| How do tort liability and risk management interface? |
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Definition
| Agency concerns about potential liability can either lead to innovation and substantially improved facilities and programs |
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Term
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Definition
| A direct attempt to avoid what would otherwise result in liability |
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Term
| List twelve defences to tort actions |
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Definition
Elemental
Good Samaritan
Res Judicata
Truth
Release
Satisfaction
Charitable Immunity
Sovereign Immunity
Assumption of the risk
Contributory Negligence
Comparative Negligence
Statute of Limitations |
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Term
| What is an elemental defence? |
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Definition
| Lack of elements in the document or case |
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Term
| What is the good samaritan defence? |
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Definition
| Not liable for life saving actions |
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Term
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Definition
| There has already been a final judgment on a similar case |
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Term
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Definition
| Usually in a defamation case, if the statement is true it is not defamation |
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Term
| What is a release defence? |
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Definition
| Full compentation was not received |
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Term
| What is a satisfaction defense? |
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Definition
| All compensation was received |
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Term
| What is sovereign immunity? |
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Definition
| Government cant be sued unless it allows the suit |
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Term
| What is contributory negligence? |
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Definition
| Plaintiff contributed to their injury, defendant pays nothing |
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Term
| What is comparative negligence? |
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Definition
| Plaintiffs damage award is reduced due to their negligence |
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Term
| What are statutes of limitation? |
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Definition
| The time frame that a complaint must be made |
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Term
| What is charitible immunity? |
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Definition
| Immunity given to charible organization against civil actions |
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Term
| What is an assumption of risk defense? |
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Definition
| A defense that the plaintiff knew of the risk and continued with their actions |
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Term
| What is the American theory of damages? |
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Definition
| An amount of money necessary to make the injured party whole |
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Term
| What is the diffence between compensatory and punitive damages? |
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Definition
Compensatory awards damages to the injured party
Punitive damages punish the wrong doer |
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Term
| What is aggravation in regards to damages? |
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Definition
| How the injury was made worse |
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Term
| What is the purpose of punitive damages? |
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Definition
Punish the wrong doer
Send a message to others to not do the same
(Insurance companies will not cover punitive damages) |
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Term
| What are special damages? |
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Definition
Economic loss
Objective
Not used in contracts |
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Term
| What are types of special damages? |
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Definition
Cost of repairs
Loss of earnings
Medical expenses
Services in the home |
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Term
| What are general damages? |
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Definition
Non-economic loss
subjective |
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Term
| What are types of general damages? |
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Definition
Pain and suffering
Physical Impairment
Loss of Use
Visible scarring |
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Term
| What are hedonic damages? |
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Definition
| An amount awarded to tort actions to compensate the loss of life's pleasures |
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Term
| What is the difference between pain and suffering and damages for loss of life's pleasures? |
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Definition
Pain and suffering can only be awarded if the plaintiff is award of the pain
Loss of life's pleasure does not require cognition |
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Term
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Definition
| Decrease in a damage award |
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Term
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Definition
| An increase in damages paid |
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Term
| What is the concept of joint and several liability? |
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Definition
| A person may take legal action against one or more of the parties separately or all of them together |
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Term
Determine whether the following are either contract or tort damages:
Loss of profit
Loss of value
Pain and suffering
Increased cost
Direct economic loss
Cost of repairs |
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Definition
Contract:
Loss of Profit
Increased Cost
Tort:
Cost of repairs
Loss of value
Direct economic loss
Pain and suffering |
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Term
| What are the two elements of an intentional tort? |
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Definition
- Substance of a particular tort
- The likelyhood of some harm
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Term
| What is the medical standard of care? |
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Definition
| The degregg of care which must be observed by an average, competent practitioner acting in the same or similar circunstance |
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Term
| Explain the rule for how the standard of care is applied. |
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Definition
Locality Rule
National Rule
Specialty |
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Term
| List the four elements of corporate negligent. |
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Definition
Duty
Negligent breach of duty
Injury
Causation |
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Term
| Is standard of a care a minimum level, maximum level, or something in between? |
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Definition
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Term
| What is the medical standard of care? |
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Definition
| The degree of care which must be observed by an averave, competent physician acting in the same or similar circumstance |
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Term
| What is the difference between "reasonable" and "prudent"? |
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Definition
Reasonable - Judicious consideration of alternatives
Prudent - Careful |
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Term
| What is the difference between personal and corporate negligence? |
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Definition
| The person who is responsible |
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Term
| What is the doctrine of respondent superior (aka vicarious liability) |
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Definition
Means "let the master answer"
Makes the employer liable |
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Term
| What is meant by ostensible (aka apparent agency)? |
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Definition
| Walk, talks, and acts like an agent, the law treats them as part of your team |
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Term
| What is meant by expert testimony? |
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Definition
| Testimony about a scientific, technical, or professional issue given by a person qualified to testify because of familiarity with the subject or special training in the field. |
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Term
| When is expert testimony needed and not needed? |
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Definition
Needed in situations beyond the knowledge of the average laymen.
Not needed in situations involving:
- Infection
- Slight Scarring
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Term
| What does Res Ipsa loquittur mean? |
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Definition
| The thing speaks for itself |
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Term
| What are the three conditions for the application of the doctrine of res ipsa loquittur? |
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Definition
Event would not ordinarily occur absent negligence
Apparent / presumptive cause was within exclusive control of the defendant
No negligence on the part of the plaintiff |
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Term
| What are four different medical situations where res ipsa loquittur may be properly applied? |
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Definition
Wrong limb
Wrong patient
Explosion or fire
Foreign body left in patient |
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Term
| State the two primary purposes of the Federal Tort Claims Act |
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Definition
Partially abrogates the doctrine of sovereign immunity with regards to torts
Protects governmental agents and employees from liability |
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Term
| What are the limitations of the Federal Tort Claims Act? |
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Definition
In-scope negligent torts
In the United States
Trial by judge alone
Trial in US District Court
No limit on damages
No punitive damages
Does not apply to intentional torts |
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Term
| What is the difference between the Federal Tort Claims Act, Military Claims Act and the Foreign Claims Act? |
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Definition
FTCA only applies in the US
MCA applies overseas, but is administrative only (no courts used)
FCA applies overseas for damages or injury to foreign inhabitants due to non-combatant activities |
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Term
| How is the statute of limiitation applied with regards to the FTCA and the Military Claims Act? |
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Definition
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Term
| Explain the Feres Doctrine |
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Definition
| Government is not liable under the FTCA for injuries to service members when those injuries arise out of incident to service. |
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Term
| State a way of stopping the statute of limitation from continuing to run. |
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Definition
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