Term
| Place of Public Accommodation |
|
Definition
a variety of business establishments open to the public
It is common law, that a hotel with vacancy cannot deny a guest a room if there is vacancy in the hotel |
|
|
Term
| Protected Classes for civil rights act 64 |
|
Definition
Protected Classes:
Race, color, religion, and national origin. |
|
|
Term
| The Civil rights places of equality |
|
Definition
| At hotels, restaurants, places of entertainment and gas stations |
|
|
Term
| Excluded from civil Rights Act of ‘64 |
|
Definition
Bed and Breakfast- Mrs. Murphy's
Private Clubs |
|
|
Term
|
Definition
| Civil rights acted extended protection to women under the Equal Protection Clause |
|
|
Term
| Americans with Disabilities Act |
|
Definition
| prohibits places of public accommodation from discrimination against disabled individuals. |
|
|
Term
|
Definition
|
|
Term
|
Definition
|
|
Term
| What is the one state that does not allow age and gender discrimination to guests (i.e. teen night and ladies drink free night) |
|
Definition
|
|
Term
|
Definition
| the sinks in the bathroom is not accessible |
|
|
Term
|
Definition
| braille on outside the outside of the elevator may not be uniform or accessible, sinks drains, lights flashing in a hotel |
|
|
Term
| age discrimination is illegal in ___. |
|
Definition
|
|
Term
|
Definition
| an agreement between two or more parties that is enforceable in court |
|
|
Term
|
Definition
| failure to perform the terms of a contract. |
|
|
Term
|
Definition
| verbal, written, or implied |
|
|
Term
Those Lacking Contractual Capacity
These contracts are _____. |
|
Definition
Minors
The very intoxicated
The mentally incompetant.
Voidable |
|
|
Term
|
Definition
|
|
Term
|
Definition
| something of value exchanged for something else of value. |
|
|
Term
| 3 forms of considerations |
|
Definition
A tangible item of value or a promise to give such an item.
Performance or a promise to perform
Forbearance- |
|
|
Term
|
Definition
|
|
Term
|
Definition
| something of value exchanged for something else of value. |
|
|
Term
| 3 forms of considerations |
|
Definition
A tangible item of value or a promise to give such an item.
Performance or a promise to perform
Forbearance- |
|
|
Term
|
Definition
| agreement to refrain from doing something you have a legal right to do |
|
|
Term
|
Definition
Contracts for the purchase and sale of real estate property, including land, building and easement (borrowing land)
Contracts that cannot be completed within one year.
Contracts to pay another person’s debt should that person fail to pay.
Contracts for the sale of goods from merchants over $500. |
|
|
Term
|
Definition
to prevent a term abandoned in the negociation process that was intended by the parties to survive the writting from becoming a part of the contract.
parol means oral |
|
|
Term
| with the parol evidence rule, agreements made before signing are ____ and agreements made after writing the contract are ____. |
|
Definition
before= not admissable
after= may be permissable |
|
|
Term
|
Definition
contractual capacity
mutuality
legality
consideration
proper form
genuine assent |
|
|
Term
|
Definition
meeting of the minds
all parties to the contract are interested in its terms and tend to enter into agreement to which they will be legally bound. |
|
|
Term
|
Definition
| if a party is subject to duress, the contract is void. |
|
|
Term
| with the parol evidence rule, agreements made before signing are ____ and agreements made after writing the contract are ____. |
|
Definition
before= not admissable
after= may be permissable |
|
|
Term
|
Definition
contractual capacity
mutuality
legality
consideration
proper form
genuine assent |
|
|
Term
|
Definition
meeting of the minds
all parties to the contract are interested in its terms and tend to enter into agreement to which they will be legally bound. |
|
|
Term
|
Definition
| if a party is subject to duress, the contract is void. |
|
|
Term
|
Definition
| threats of harm if he does not sign |
|
|
Term
| a breech of contract is not a ___ it is a ____ |
|
Definition
| not a criminal act, its a civil wrong |
|
|
Term
| if the contract laguage is vague, courts will use ___. |
|
Definition
|
|
Term
| trade usage is determined by ___ |
|
Definition
|
|
Term
| are initials and electronic signatures ok? |
|
Definition
|
|
Term
| must be signed by the ___in the lawsuite to be an enforcable contract |
|
Definition
|
|
Term
|
Definition
| in a breech of contract, to collect damages, the plantif must prove it tried to reduce or lessen its losses |
|
|
Term
|
Definition
| money in excess of compesatory damages (pain and sufferiing) |
|
|
Term
|
Definition
| noncriminal conduct done by one person that causes injury of financal loss to another |
|
|
Term
| 3 elements necessary to prove tort: |
|
Definition
1. valid contract between two parties
2.3rd party knows about the contract
3. 3rd party must intentionally cause one of the two exising parties breech contract |
|
|
Term
| are initials and electronic signatures ok? |
|
Definition
|
|
Term
| must be signed by the ___in the lawsuite to be an enforcable contract |
|
Definition
|
|
Term
|
Definition
| in a breech of contract, to collect damages, the plantif must prove it tried to reduce or lessen its losses |
|
|
Term
|
Definition
| money in excess of compesatory damages (pain and sufferiing) |
|
|
Term
|
Definition
| noncriminal conduct done by one person that causes injury of financal loss to another |
|
|
Term
| 3 elements necessary to prove tort: |
|
Definition
1. valid contract between two parties
2.3rd party knows about the contract
3. 3rd party must intentionally cause one of the two exising parties breech contract |
|
|
Term
|
Definition
| a breech of legal duty to act reasonable that is the direct or proximate cause of injury to another |
|
|
Term
|
Definition
1. legal duty to act responsibly
2. breech of that duty
3. injury to the plantiff
4. breech of contract was approximate cause of injury |
|
|
Term
| who do we owe a duty to act responsibly towards? |
|
Definition
| those who would be foreseeably be injured by actions. |
|
|
Term
|
Definition
| duty to reasonably inspect |
|
|
Term
|
Definition
| duty to warn, but not to inspect |
|
|
Term
| an employee showing up to work is a |
|
Definition
|
|
Term
|
Definition
| the thing speaks for itself |
|
|
Term
| 3 elements of res ispa loquitur |
|
Definition
1. injury was caused by the accident that would not normally have happened without negligence.
2. thing tha caused injury was in control of defendant
3. the planif did not provoke accident |
|
|
Term
| doctrine of attractive nuesance |
|
Definition
| a potential dangerous object to young people (swimming pool) |
|
|
Term
| negligence per say must prove one of four thinkgs: |
|
Definition
1. existance of law
2. violation of that law
3. extent of injury
4. injury was approximate cause of violation |
|
|
Term
| strict / absolute liability |
|
Definition
| there is no defense for ultra-hazardous activities. (dynamite and wild animals) |
|
|
Term
|
Definition
| employer is responsible for all acts of its employees |
|
|
Term
| 2 catagories of independant contractors |
|
Definition
| non-deligable duty, or deligable |
|
|
Term
|
Definition
| if the plantiff is even 1% negligenct, they are precluded from getting anything. |
|
|
Term
|
Definition
| weigh the comparison of both party's negligence |
|
|
Term
| assumption of risk 4 elements: |
|
Definition
1. knowlege of risk
2. understood risk
3. had choice to avoid or engage in risk.
4. chose to take risk
(snow skiing=assumption of risk) |
|
|
