Term
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Definition
| Agreement btwn parties enforceable under law--legally binding promise |
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Term
| Offer (essential terms, 4) |
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Definition
| Parties involved, subject matter, time/place of performance, price to be paid |
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Definition
| must mirror the offer's essential terms, counter offer does not equal acceptance |
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Definition
| consists of 2 promises and both parties are bound to perform |
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Term
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Definition
| involves an exchange of a promise in return for an act by the second party |
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Definition
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Term
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Definition
| cause, motive, price, or impelling influence which induces a contracting party to enter into a contract. Must contain mutual exchange |
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Definition
| Parties are not allowed to engage in an agreement where the terms violate existing laws (subject matter must be legal). Cannot violate public policy (against the grain of society). |
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Definition
| Offer, acceptance, consideration, legality |
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Term
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Definition
| Once parties have agreed to a final complete written understanding, no prior oral/written evidence may be introduced |
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Term
| Capacity to Contract (examples) |
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Definition
| Minors, mental capacity, intoxication |
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Term
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Definition
| If they enter into a contract they cannot be held liable, but the other party can. |
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Term
| Render a contract unenforceable (there are 4) |
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Definition
Capacity to contract (minors, etc)
Misrepresentation - false assertion of fact which induces a party to enter contract
One party dominates - if there is duress
Mutual Mistakes - both parties involved in mistaken assumption of basic facts |
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Term
| Unilateral Mistakes (def) |
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Definition
| only one party involved; contract is voidable unless other party knew of mistaken belief |
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Term
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Definition
| Contracts concerning land, or an action that cannot be performed by either party within a year; MUST BE IN WRITING |
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Term
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Definition
| any contract for sale of goods over $500 MUST BE IN WRITING |
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Term
| Monetary Damages (Liquidated) |
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Definition
| allows parties to establish a reasonable approx of damages. Used in employment contracts, cannot be punitive. |
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Term
| Monetary Damages (Compensatory) |
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Definition
| Arise directly from the loss of the bargain. Remedy is reimbursement restoring the promise to their original position prior to contract. |
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Term
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Definition
| If one party is in breach, the other party may rescind the contract without being in breach |
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Term
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Definition
| Restores parties to pre-contract position, restitution involves returning goods transferred under contract |
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Term
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Definition
| Doctrine used to enforce otherwise unenforceable promises |
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Term
| Four Requirements for enforcement of promise with estoppels |
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Definition
| Reliance, foreseeable, detrimental, injustice |
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Term
| Employee Contract Parts (6 of them) |
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Definition
| Duties, Terms, Compensation (benefits), Termination clause, Buy-out provisions, arbitration |
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Term
Employee Contract Parts (6 of them)
[[the cheater: D T C T B A]] |
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Definition
| Duties, Terms, Compensation (benefits), Termination clause, Buy-out provisions, arbitration |
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Term
| Event Contracts Parts (There are 6) |
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Definition
Parties, Location, Date/Time of Event
Provision for and payment of personnel
Radio/TV Rights
Financial Guarantees
Termination Provisions
Renewal Provisions |
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Term
Event Contract Parts (There are 6)
[[Cheater: P P R F T R]] |
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Definition
Parties, Location, Date/Time of Event
Provision for and payment of personnel
Radio/TV Rights
Financial Guarantees
Termination Provisions
Renewal Provisions |
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Term
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Definition
| Party should be responsible for negligent actions causing injury to another |
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Term
| Requirements for Valid Waiver (There are 4) |
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Definition
Clear & Unambiguous Language
Public Policy
Consideration
Capacity to contract |
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Term
| Indiana's View on Waivers |
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Definition
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Term
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Definition
NOT A CONTACT
Simply an agreement where participant is informed of inherent risks |
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Term
| Major Purposes of Agreement to Participate |
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Definition
1. Helps establish primary assum. of risk defense
2. Help establish secondary assum. of risk by showing participant knew expected behaviors and agreed to adhere to them |
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Term
| Elements of Agreement to Participate (there are 5) |
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Definition
Nature of Activity
Possible Consequences of Injury
Behavioral Expectations of Participant
Condition of Participant
Concluding Statement |
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Term
Elements of Agreement to Participate (there are 5)
[[Cheater: N P B C C]] |
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Definition
Nature of Activity
Possible Consequences of Injury
Behavioral Expectations of Participant
Condition of Participant
Concluding Statement |
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Term
| Property Rights (Fee Simple and Absolute) |
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Definition
| Owner with complete control (homeowner) |
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Term
| Property Rights (Less than Fee Simple) |
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Definition
| Property based upon contract (you just use a facility) |
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Term
| Categories of Users of Property (there are 3) |
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Definition
1. Invitee - Individual who paid for use of premises, highest standard of care
2. Licensee - person who uses premises with consent of owner; no economic benefit. Must warn of hazards.
3. Trespasser - Person who enters premises without permission. Refrain from intentional conduct causing injury |
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Term
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Definition
| facility owner or employee should have been aware of dangerous conditions if the reasonable inspection had been made |
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Term
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Definition
| facility owner or employee has actually seen the dangerous condition or has been informed of it |
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Term
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Definition
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Term
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Definition
| Cleaning, everyday things |
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Term
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Definition
| Land owner is not liable to invitees for physical harm caused to them by any activity on the land whose danger is known and obvious |
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Term
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Definition
| If someone is distracted and is injured by something open and obvious they can successfully file suit against property owner |
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Term
| Rec. User Statute (2-prong analysis) |
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Definition
Was it a rec. activity?
Was the land suitable for activity? |
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Term
| Nuisance (Factors of a Claim) |
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Definition
Degree of harm to plaintiff
Value of D's activity to comm.
Burden placed on D if particular remedy is granted and whether D's activity was in progress when P arrived |
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Term
| Strict Liability (Products Liability) |
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Definition
| Liability without fault. It usually applies to manufacturers when they present goods to the public for sale. This means they are suitable for their intended use. |
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Term
| Standards in determining defectiveness (there are 3) |
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Definition
Consumer expectation – dangerous to an ordinary consumer?
Presumed seller knowledge – did the seller knowingly place a dangerous product on the market?
Risk-benefit balancing – is the cost of making a safer product greater or less than the risk or danger from the product? |
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Term
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Definition
Assertions or promises by the seller of quality of product.
Applies to advertising, labels, and statements by sales people. |
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Term
Defenses to product liability claims (there are 6)
[[Cheater: C M S P P C]] |
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Definition
1. Change from time product left manuf.'s control
2. misuse of prod.
3. State of the art
4. Provided adeq. warning
5. Placed warning in obv. locations
6. Carefully worded literature |
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Term
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Definition
| Threat of contact, contact has NOT occurred. |
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Term
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Definition
| Intentional, unpermitted, unprivileged, and offensive TOUCHING of the person of one individ. by another |
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Term
| Defenses to Intentional Torts |
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Definition
Attack Defn - prove that an element is missing
Privilege - self defense, defense of 3rd person, reasonable force
Immunity - sovereign/govt immunity, charitable |
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Term
| Elements of Battery (There are 3) |
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Definition
Defendant INTENDS to touch plaintiff
ACTUAL touching has occurred
Lack of CONSENT by plaintiff |
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Term
| Elements of Self Defense/3rd party def (There are 4) |
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Definition
Did attacked person RETREAT when there was an opp.?
Was there IMMEDIATE/imminent danger?
Was the force used PROPORTIONAL to harm threatened?
Was the force NECESSARY for adequate protection? |
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Term
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Definition
| That which tends to injure reputation; excite adverse or derogatory feeling or opinions against him |
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Term
| Types of Defamation (there are 2) |
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Definition
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Term
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Definition
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Term
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Definition
| WRITTEN/PHOTOGRAPHIC/CARTOON comments |
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Term
| Needed to Prove Defamation (There are 4) |
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Definition
1. False Statement
2. Publication to third persons
3. Fault or neg. of publisher
4. Damages |
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Term
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Definition
Public Officials
Public Figures
Private Figures |
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Term
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Definition
Works for govt agency and draws salary from public payroll
ACTUAL malice (intent to cause harm) must be proven
Made with knowledge that it was false or with reckless disregard of whether it was false or not |
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Term
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Definition
Individual who has, because of his (Taber) or her activities commanded sufficient continuing public interest
Must prove ACTUAL malice |
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Term
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Definition
Indivd. Citizen who is not involved in public issue or employed as public official
Only need to prove that alleged defamatory statement was negligently made (can be unintentional) |
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Term
| Defenses to Defamation (There are 4) |
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Definition
Truth
Privilege
Fair Comment
Statute of Limitations |
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Term
| Fair Comment Defense to Defamation |
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Definition
| Form of qualified priv. applied to news media publications. Only when no MALICE, based on true facts. |
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Term
| Participant's Civil Claim against another... (there are 3 theories) |
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Definition
Intentional Torts
Reckless Disregard
Negligence |
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Term
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Definition
| Any activity expected of someone joining a group that humiliates, degrades, abuses, or endangers, regardless of the person's willingness to participate |
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Term
| ___% Knew of, heard of or suspected hazing |
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Definition
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