BUSA Final Exam

UCC damages - if buyer breaches sale of goods

1. resell goods elsewhere 2. if seller doesn't resell, get difference between contract and market price

mirror image rule

A common law rule that requires that the terms of the offeree's acceptance adhere exactly to the terms of the offeror's offer for a valid contract to be formed.

past consideration

A completed act cannot be the basis for consideration

exculpatory clause

A contract provision that attempts to release one party from liability in the event the other is injured

entrapment

A defense requiring proof that the defendant would not have committed the crime but for police trickery.

specific performance

A legal action to compel a party to carry out the terms of a contract. available when no other remedy (such as money) will adequately compensate the other party.

mediation

A method of settling disputes outside of court by using the services of a neutral third party, called a mediator. The mediator acts as a communicating agent between the parties and suggests ways in which the parties can resolve their dispute.

nominal damages

A small monetary award (often one dollar) granted to a plaintiff when no actual damage was suffered.

how does a minor ratify?

After a minor reaches the age of majority, he can ratify the contract.

ADR

Alternative Dispute Resolution

assault

An act that makes a person reasonably fear an imminent battery

can you assign personal injury claims? why?

Assignment of personal injury tort claims is prohibited throughout the United States

when is assignment prohibited?

Assignments can't take place if they materially alter what's expected under the contract.

If someone assigns rights, is that legally enforceable?

Assignments of contract rights are usually enforceable, but will not be under these circumstances: Assignment is prohibited in the contract language, which is called an anti-assignment clause. Assignment of rights changes the foundational terms of the agreement.

substantive due process

Constitutional requirement that governments act reasonably and that the substance of the laws themselves be fair and reasonable; limits what a government may do.

What happens if a minor doesn't ratify later?

Contracts signed by minors under the age of 18 do not have the same legal status as contracts signed by adults, as minors do not have the same understanding of the law as adults.

wickard v. filburn

Farmer grew more wheat than allowed because he was being funded by congress. Congress said they could regulate that because even though it was for his personal consumption, it would effect interstate commerce. Expansion of power of the Commerce Clause

Hamer v. Sidway - outcome

Homer asserts that the promisee, by refraining from the use of liquor and tobacco, was not harmed, but benefited and unless the promisor was benefited, the contract was without consideration. However, it is sufficient that he restricted his lawful freedom of action within certain prescribed limits upon the faith of his uncle's agreement, and now, having fully performed the conditions imposed, it is of no moment whether such performance actually proved a benefit to the promisor, and the court will not inquire into it. Judgment reversed.

what does 1A do and protect

It protects freedom of speech, the press, assembly, and the right to petition the Government for a redress of grievances.

stare decisis

Let the decision stand; decisions are based on precedents from previous cases

obscene speech, protected under the first amendment?

Obscenity is not protected under First Amendment rights to free speech, and violations of federal obscenity laws are criminal offenses.

if a contract is for personal services, can it be delegated?

Personal services are not delegable. If the contract is such that the promisee expects the obligor personally to perform the duty, the obligor may not delegate it.

How does EU view privacy rights?

Privacy and data protection are two rights enshrined in the EU Treaties and in the EU Charter of Fundamental Rights. The Charter contains an explicit right to the protection of personal data (Article 8).

life insurance

Provides payment to beneficiaries who were named by the insured person

theft

Taking another person's possessions

legality

The contract's purpose must be to accomplish some goal that is legal and not against public policy.

strict liability

The legal responsibility for damage or injury even if you are not negligent

purpose of contract law

To assure those who enter into private agreements that the promises they make will be enforceable

Palsgraf v. Long Island Railroad

Tort: Negligence Element: Duty of Care There must be a direct foreseeable link between the negligent act and the damage. Injury caused to a party of sufficient distance in an unforeseeable manner does not attract a duty of care.

primary methods of ADR

While the two most known forms of ADR are arbitration and mediation, negotiation is almost always attempted first to resolve a dispute. Negotiation allows the parties to meet in order to settle a dispute.

IOT (Internet of Things)

a large network of physical objects including sensors and equipment

preexisting duty - consideration

a service already required to do

under what circumstances is intrusion into someone's private life a tort?

a tort if a reasonable person would find it offensive.

tort

a violation of a duty imposed by the civil law

capacity

ability

How are ambiguities interpreted?

accidentally unclear. court will construct AGAINST drafter.

What do you need for capacity?

adult of 18 or greater and sound mind

severe ability provision

allows the remainder of the legislation's or contract's terms to remain effective, even if one or more of its other terms or provisions are found to be unenforceable or illegal.

offer

an act or statement that proposes definite terms and permits the other party to create a contract by accepting those terms

When do lawyers prefer to negotiate touchy subjects?

at the beginning

Jurisdiction

authority of court to decide a particular case

The purpose of the FOIA (Freedom Of Information Act)

avoids government secrecy and gives us access information agencies are using

why are ethics important?

builds trust

Which is more common - contributory or comparative negligence?

comparative negligence

miranda warning helps to protect against

compelled self-incrimination.

statute

congress/legislature pass laws, simple majority in House and Senate (>50%)

direct damages

damages that flow directly from the contract

liquidated damages

damages that parties to a contract agree in advance should be paid if the contract is breached

what's in the intro paragraph of a contract?

date, effective, parties, nature

Capacity (voidable contract)

defendant lacks legal ability to enter into contract

usary - if you charge more than allowable interest, what's the result?

depends

contract titles should be...

descriptive

HIPPA (Health Insurance Portability and Accountability Act)

doesn't apply to healthcare info. people give to non-healthcare businesses

breach

failure to perform without excuse

bill of rights are which amendments?

first 10 amendments of constitution

flag burning, protected under the first amendment?

flag burning constitutes a form of "symbolic speech" that is protected by the First Amendment.

FOIA should be used:

how an agency operates and spends money and information an agency has about you

ethics

how people SHOULD behave. right vs. wrong

Which scenario does a landlord have the highest liability owned to them?

invitee - public place, business guest

common law

judge-made law

Misdomeanor

less serious crime, <1 year incarceration (jail)

Which ADR gives most win-win outcome?

mediation

how are most cases solved?

negotiations

if a contract prohibits delegation, can duties be detected?

no

purpose of 3 branches of government

no central person has power

completed act consideration?

not legally required to do

duty to mitigate damages

obligation on non-breaching party to use reasonable efforts to minimize damage resulting from defendant's breach of contract

elements of a contract

offer, acceptance, consideration, legality, capacity, consent, writing

contracts that cannot be performed within ___ must be in writing.

one year

consent

permission to do something

ways we lose our privacy

phishing, hacking the IOT, malware, denial-of-service attacks

who are the parties involved in a criminal case?

plaintiff (presents case) and defendant

contributory negligence

plaintiff recovers nothing

comparative negligence

plaintiff's recovery is reduced

civil case burden of proof

preponderance of the evidence

usary law purpose

prevent lenders from imposing unreasonable or predatory interest rates.

original purpose of the statute of frauds:

prevent lying

rejection

refusal to accept

incidental damages

relatively minor costs that the injured party suffers when responding to the breach

Felony

serious crime, >1 year incarceration (prison)

arbitration

settling a dispute by agreeing to accept the decision of an impartial outsider

consequential damages

special damages resulting from unique circumstances of injured party

is criminal law common or statutory?

statutory

acceptance

the action of consenting to receive or undertake something offered

defamation

the action of damaging the good reputation of someone; slander or libel.

consideration

the inducement, price, or promise that causes a person to enter into a contract and forms the basis for the parties' exchange

promissory estoppel

the legal enforcement of an otherwise unenforceable contract due to a party's detrimental reliance on the contract

when an offer terminates:

the offeree's legal power to bind the offeror ends

stakeholders

the people whose interests are affected by an organization's activities. employees, customers, communities

life principles

the rules by which you live your life

larceny

theft of personal property

criminal law

to prevent certain behavior for the benefit of society

Why do many major corporations actively encourage ethical behavior?

unethical behavior can quickly destroy a business

battery

unlawful touching of another person without consent

what happens if a minor rescinds a contract?

voidable by minor

Contract Licensing

when a licensing requirement is designed to protect the public. any contract by an unlicensed worker is unenforceable, but if designed to raise money (retail stores), contract from unlicensed person is okay.

when should a contract be in writing?

when it is valued at $500 or more and if it cannot be performed within a year

revocation

withdrawing an offer before it is accepted

UCC - sale of goods

writing required if sale of goods is over $500

If an administrative agency adjudicates a decision and you don't like it - what next?

you can appeal