Business Law

what is the knock-out rule

the UCC provides that the terms of a contract created by such performance are those on which the parties' writings agree, supplemented by appropriate gap-filling provisions from the UCC

Can you repeat a defamation statement?

No, you can become liable if you are the publisher

pure comparitive negligence

whatever the defendant is 40% negligent then they will only get 40%.

Trespass to land

An unauthorized entry on another's property.

End Chapter 6

End of chapter 6

Revocation

offerors can take away the offer anytime before it is accepted even if they promised to keep it open

Private nuisance

Similar to trespass but this is interference with the plaintiffs land and enjoyment of her land. odors, smoke, light, noise, vibrations. And they must be unreasonable and intentional

End of chapter 6

End of chapter 6

Preporondance of the evidence

The standard of proof that the plaintiff must satisfy in a tort case.

Communication of acceptance

Simply communicating the acceptance of a contract within the reasonable time

Rejection

Simply saying no and expressing that you are unwilling to accept counteroffers are also rejections

What are some protected attributes?

Singers voice cannot use soundalike names or pictures as posters

duress

when someone enters a contract by threats or force they had no reasonable alternative but to enter the contract

Illusory Promise

"all the sugar that I want" or to "paint your house if I feel like it" A promise that is unenforceable due to indefiniteness or lack of mutuality, where only one side is bound to perform.

Public figure plaintiff cases

(1) are well known to large segments of society through their own voluntary efforts or (2) have voluntarily placed themselves, in the words of the Supreme Court, at "the forefront of a particular public controversy."

What are the elements of a negligence claim

(1) the defendant owed a duty of care to the plaintiff, (2) the defendant committed a breach of this duty, and (3) this breach was the actual and proximate cause of injury experienced by the plaintiff

Acceptance of Ambiguous Offers

- an offer that is unclear about the form of acceptance can be accepted by any reasonable means

What intent is required

- imply intent to be in the land or intrude it -actual harm to the land is not needed to prove -if he thought it was legal and did it accidentally he can still be charged

What is an intentional tort? and what are tort cases

-A private (civil) wrong against a person or his property. -Tort cases identify different types of wrongfulness, culpability, or fault and define them in varying ways

Article 2 of the UCC

-Deals with the sale of goods -Article 2 expressly applies only to contracts for the sale of goods [2-102] (the numbers in brackets refer to specific UCC sections). The essence of the definition of goods in the UCC [1-105] is that goods are tangible, movable personal property. So, contracts for the sale of such items as motor vehicles, books, appliances, and clothing are covered by Article 2. Not real estate

False and defamatory Statement

-Included among the elements of defamation are the separate requirements that the defendant's statement be both false and defamatory. -A defamatory statement is one that is likely to harm the reputation of another by injuring his community's estimation of him or by deterring others from associating or dealing with him

Publication

-Liability for the defamation usually requires publication of the statement. -if it is said to one person other than the defendant then that normally suffices -Courts sometimes make an exception to this rule in cases where a discharged employee is forced to tell a potential future employer about false and defamatory statements made to her by her prior employer.

If an internet website operator has something posted on their site that is defamation, who is liable ?

-Only the writer of the statement is liable -the website operator is not liable because of a law

Explain strict Liability

-Strict liability is liability without fault or, more precisely, liability irrespective of fault. -In a strict liability case, the plaintiff need not prove intent, recklessness, negligence, or any other kind of wrongfulness on the defendant's part -A plaintiff must prove certain things in any strict liability case, but fault is not one of them.

Who can accept an offer?

-The only person with the legal power to accept an offer and create a contract is the original offeree; an attempt to accept by anyone other than the offeree is treated as an offer

What are some defenses of defamation

-The truth of the statement

Misrepresentation and what are the 3 types

-When a person enters a contract because of his justifiable reliance on a misrepresentation about some important fact, the contract is voidable. -must be intentionally deceptive. -Either innocent misrepresentation or fraud gives the complaining party the right to rescind a contract. innocent negligent fraud

Limits on who can receive defatmation

-dead people cant -corporations can get it -statements regarding officers in corporations are not defamatory regarding the coorporation

knowledge of falsity

-difficult to prove -When the defendant who made a false statement can point to an arguably credible source on which he, she, or it relied as a supposed indicator of the statement's truth, the defendant presumably did not have knowledge of the statement's falsity

private figure plaintiff cases

-do not need to prove actual malice

what is necessary in order for liability to be imposed on the basis of intentional infliction of emotional distress?

-must be outrageous act -most be so outrageous and bad for the community to be liable for this tort -they must intentionally and purposefully -some courts require some proof of bodily harm -some courts require the distress to be one that a reasonable person would suffer.

What elements are needed for it to be false imprisonment. Yeah

-must have confinement either by barriers or by threats -if there is a means of escape known by the person entrapped then it is not false imprisonment -plaintiff must have knowledge of the imprisonment examples- a store detaining a shoplifter( only for a reasonable amount of time if there is proof

intentional infliction of Emotional distress

-recovery is allowed now didnt used to be -All courts do require that a wrongdoer's conduct be outrageous before liability for emotional distress arises -Most intentional infliction of emotional distress cases are based on allegedly outrageous conduct.

Battery continued

-touching is not needed. they can also lay traps. -the plaintiff need not be aware of the battery at the time it occurs. This means that Dudley is liable if he sneaks up behind Pike and knocks Pike unconscious, without Pike's ever knowing what hit him Defene

What are the 6 intrusions under trespass to land

1 physically entering the plaintiffs land 2. causing another to do so 3.remaining on land after your right there has ceased 4.failure to move items that you have the duty to move 5. causing an object to go on the land 6. invading the air space above or ground beneath the land.

Nominal Consideration

1$ or 1$ and other valuable consideration some other small amount as consideration for a promise. Normally used to try to disguise a gift as an actual bargain If it is proved that it was bargained for than it is fine though

What are the 4 wrongfulnesses in tort law

1. Intent 2. Recklessness 3. Negligence 4. Strick Liability

Invasion of privacy 4 types

1. Intrusion 2. Disclosure of private/embarrassing facts 3. False light 4. Appropriation of name or likeness

What are the 3 factors of evidence looked for by the court to make it acceptance

1. Offeree intended to enter the contract 2. The offeree accepted the terms proposed by the offeror 3. The offeree communicated acceptance to the offeror

If the parties are both merchants, the additional terms become part of the contract unless:

1. The offer expressly limited acceptance to its own terms 2.The nee terms would materially change the offer 3. The offeror gives reasonable rejection to the new terms in a reasonable amount of time

What are examples of conversion?

1. acquisition of plaintiffs property 2.removal of plaintiffs property 3. transfer of plaintiffs property 4. withholding of plaintiffs property 5. destruction of plaintiffs property 6. using the plaintiffs property

requirements for rescission on ground of misrepresentation

1. an untrue fact was made 2. the fact asserted was material or fraud 3. entered contract because of reliance on the assertion 4.the reliance of the complaining party was reasonable

Hybrid Contracts

This means that contracts calling for services that involve significant elements of personal skill or judgment in addition to goods probably are not governed by Article 2.

Express contract

A contract in which the terms of the agreement are fully and explicitly stated in words, oral or written.

Implied contract

A contract that comes about simply from actions of the parties. ex. If you are rushed to the emergency room for medical treatment following an accident, for example, you and the hospital do not ordinarily expressly state the terms of your agreement in advance, although it is clear that you do, in fact, have an agreement. A court would infer a promise by the hospital that its medical personnel will use reasonable care and skill in treating you and a return promise on your part to pay a reasonable fee for the treatment you receive.

Executed Contract

A contract that has been completely performed by both parties.

Privileges

An absolute privilege shields the author of a defamatory statement regardless of her knowledge, motive, or intent. When such a privilege applies, it operates as a complete defense to defamation liability. Absolutely privileged statements include those made by participants in judicial proceedings, by legislators or witnesses in the course of legislative proceedings, by certain executive officials in the course of their duties, and by one spouse to the other in private -Saying stuff for the better interest of the common good like reporting to the police

output contract

An agreement in which a seller agrees to sell and a buyer agrees to buy all or up to a stated amount of what the seller produces. legitimized by thew ucc not illusory

Abuse of process

An intentional tort designed to protect against the initiation of legal proceedings for a primary purpose other than the one for which such proceedings were designed. tends to include situations where someone is compelled to do an action in court which is unrelated to the current case Rogers wishes to buy Herbert's property, but Herbert refuses to sell. To pressure him into selling, Rogers files a private nuisance suit against Herbert, contending that Herbert's activities on his land interfere with Rogers's use and enjoyment of his adjoining property. Rogers may be liable to Herbert for abuse of process even if Rogers otherwise had reason to file the case.

What is false imprisonment

An intentional tort that prohibits the unlawful confinement of another for an appreciable time without his consent.

Mailbox rule in UCC

An offer that does not specify a particular means of acceptance is considered to invite acceptance by any reasonable means of communication. -A properly dispatched acceptance sent by a reasonable means of communication within a reasonable time is effective on dispatch.

Intrusion

Any intentional intrusion on the solitude or seclusion of another constitutes an invasion of privacy if that intrusion would be highly offensive to a reasonable individual. 1.illegal search of home 2. opening mail 3. phone tap 4.examinging bank accounts

Assumption of risk

Assumption of risk is the plaintiff's voluntary consent to a known danger. Voluntariness means that the plaintiff accepted the risk of her own free will; knowledge means that the plaintiff was aware of the nature and extent of the risk

reckless disregard for the truth

Basically someone who knows something is not very solid and says it anyway disregarding factual evidence has been demonstrated when the plaintiff proves either (1) that the defendant "in fact entertained serious doubts" about the statement's truth but made the statement anyway or (2) that the defendant consciously rejected overwhelming evidence of falsity and chose instead to rely on a much less significant bit of evidence that would have indicated truth only if the contrary evidence had not also been part of the picture.

Why are they a lot more common now?

Because the government isn't scared to put stress on the industrial companies no that the country is already industrialized

Duties: visitors business, public,

Business-Invited to conduct business public- public parks and offices Entry must be for the purpose of which the property was meant for

promissory vs contract

COntract protects against agreements and contracts promissory protects against reliance on ones word

What is the difference between compensatory damages and punitive damages

Compensatory- Compensate a party for direct losses due to an injury suffered Punitive - Designed to punish the wrongdoers to prevent them from doing wrong in the future

negligence per se

Courts sometimes use statutes, ordinances, and administrative regulations to determine how a reasonable person would behave. Under the doctrine of negligence per se, the defendant's violation of such laws may create a breach of duty and may allow the plaintiff to win the case if the plaintiff (1) was within the class of persons intended to be protected by the statute or other law and (2) suffered harm of a sort that the statute or other law was intended to protect against.

Defamation

Damaging someones reputation Defamation is ordinarily defined as the (1) unprivileged (2) publication of (3) false and defamatory (4) statements concerning another.

What happens when there is a serious interference?

Defendent is fully financially responsible for the property

What about allegedly outrageous speech?

Doesn't really work for famous persons and for private people it is still remained uncertain.

Causation Link

Even if the defendant has breached a duty and the plaintiff has suffered actual injury, there is no liability for negligence without the necessary causation link between breach and injury. (1) Was the breach an actual cause of the injury? (2) Was the breach a proximate cause of the injury? and (3) What was the effect of any intervening cause arising after the breach and helping to cause the injury?

public disclosure of facts

Exposing ones facts about their private life. Public has no legitimate right to know. leaking inoformation about 1.illness 2.sex life Truth is not a defense to this publication on the internet counts

pre existing duty of public official

For example, Smith, the owner of a liquor store, promises to pay Fawcett, a police officer whose beat includes Smith's store, $50 a week to keep an eye on the store while walking her beat. Smith's promise is unenforceable because Fawcett has agreed to do something that she already has a duty to do.

exceptions to intervening causes

For example, if the owners of a concert hall negligently fail to install the number of emergency exits required by law, the owners will not escape liability to those burned and trampled during a fire just because the fire was caused by an insane concertgoer who set himself ablaze.

fraud

Fraud is the type of misrepresentation that is committed knowingly, with the intent to deceive

General purpose public figure vs limited purpose

General Purpose- ex government officials and celebrities must prove actual malice in any defamation case in which he, she, or it is the plaintiff. Limited purpose- Not well known but has chosen to take a leadership role in a public debate must prove actual malice when the statement giving rise to the case relates in some sense to the public controversy as to which the plaintiff is a public figure.

Past Consideration

However, what if the uncle had said to his nephew on the eve of his 21st birthday: "Your mother tells me you've been a good lad and abstained from tobacco, hard drink, foul language, and gambling. Such goodness should be rewarded. Tomorrow, I'll give you a check for $5,000." Should the uncle's promise be enforceable against him? Clearly not, because although his nephew's behavior still passes the legal value test, in this case it was not bargained for and given in exchange for the uncle's promise.

Explain Recklessness

If D just simply likes how a gun sounds and he also knows the danger that comes along with the sound of a gun, and decides to shoot it with no intention of hitting P. But nonetheless was aware of what it could do. - It is often treated the same as purposeful wrongdoing. -This is considered a more severe degree of fault than negligence

Explain Intent

If D pulls the trigger of a gun while aiming it at P for the purpose of killing P, then D intended to kill P.

Mistake

If someone sells a half carat diamond for 65$ but it turns out it was not a half carat diamond then it was a mistake because they bargained for a half carat diamond

intervening causes

If the later act, force or event is UNFORESEEABLE, it is considered intervening and D is absolved from liability for whatever results after intervention. For example, Dalton negligently starts a fire that causes injury to several persons. The driver of an ambulance summoned to the scene has been drinking on duty and, as a result, loses control of his ambulance and runs up onto a sidewalk, injuring several pedestrians. Given the nature of the ambulance driver's position, his drinking while on duty is likely to make the ambulance crash an unforeseeable event and thus an intervening cause. Most courts, therefore, would not hold Dalton responsible for the pedestrians' injuries. The ambulance driver, of course, would be liable to those he injured.

Intervening Illegality

If the performance of a proposed contract becomes illegal after offer, but before acceptance, then the contract is terminated.

what is a defense to battery?

If the plaintiff consented to touching

Destruction of subject matter

If the subject is destroyed then the contract is terminated

Licensees

If you have a license to do so you may enter property for your own purposes. but has to have consent. Examples- salesman charity askers

But what if Marks is an honest seller merely trying to help out a customer that has placed a rush order? Must Marks expose itself to liability for breach of contract in the process

In this case, the shipment is merely a counteroffer that the buyer is free to accept or reject and the seller's notification gives the buyer the opportunity to seek the goods he needs elsewhere.

Personal injury

It is the type of injury present in many negligence cases. Plaintiffs who experienced personal injury and have proven all elements of a negligence claim are entitled to recover compensatory damages.

Scienter

Knowledge by the misrepresenting party that material facts have been falsely represented or omitted with an intent to deceive.

Res Ipsa Loquitur

Literally, the thing speaks for itself. A doctrine that, in some circumstances, gives rise to an inference that a defendant was negligent and that his negligence was the cause of the plaintiff's injury. -When getting surgery doctors make you confirm an touch each leg that they are performing on. It is enough to not make the doctors or hospital liable

deciet(fraud)

Misrepresentation or lying Liability needed is proof of false statement

Licensee vs. invitee

Most courts these days dont distinguish between licensee and invitee

Does nuisance require trespassing on the land?

No, only involves interferences

Executory definition

Not complete, the contract has not been fulfilled yet

Negligent Representation

Occurs when the real estate professional should have known that a statement about a material fact was false.

Pre-existing duties

Promisees promise to do something they had no prior obligation to do in exchange for the promisors promise

Difference between public and private nuisance.

Public is interference with public property.

False light publicity

Publicity that places a person in a false light in the public eye can be an invasion of privacy if that false light would be highly offensive to a reasonable person. 1.signing ones name on a public document that betrays her deepest beliefs 2.attributing authorship In view of the overlap between false light publicity and defamation, and the obvious First Amendment issues at stake, defendants in false light cases enjoy constitutional protections matching those enjoyed by defamation defendants.

Silence as acceptance

Silence is acceptance when it is clearly a reasonably stated "If you don't hear from me in three days, I accept." this is accepted "If I don't hear from you in three days, I'll assume you're buying the corn," this is not accepted But normally if the past has shown that they will speak up when they have an issue and then dont speak up once it is reasonably assumed that they would have if they had an issue

Slander per se

Slander per se ordinarily includes false statements that the plaintiff (1) has committed a crime involving moral turpitude or potential imprisonment, (2) has a loathsome disease, (3) is professionally incompetent or guilty of professional misconduct, or (4) is guilty of serious sexual misconduct.

What about instances in which the allegedly outrageous speech was not about the plaintiff but caused the plaintiff to experience significant emotional harm?

Speech is protected under the first amendment so it makes a speech-based intentional infliction of emotional distress case very hard to win

intentional infliction of emotional distress

The Restatement (Second) of Torts speaks of conduct "so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community." This means that many instances of boorish, insensitive behavior are not "bad enough" to give rise to liability for this tort. Courts also agree in requiring severe emotional distress. The Restatement (Second) sets forth another clear majority rule: that the defendant must intentionally or recklessly inflict the distress in order to be liable. A few courts, however, still fear fictitious claims and require proof of some bodily harm resulting from the victim's emotional distress.

UCC standard "battle of the forms"

The UCC has changed the mirror image rule for the sale of goods. allowing a contract to form even though the forms have some variance in the terms accepted The UCC provides that a definite and timely expression of acceptance creates a contract, even if it includes terms that are different from those stated in the offer or even if it states additional terms that the offer did not addres -------------------------------------------------------------- Under mirror image rule the UCC normally has written forms of contracts but both parties doo not normally read each in detail but only the crucial provisions like the goods, price, and delivery date. This can lead to disputes, so under the mirror rule no contract was made because the acceptance forms do not match the offer forms. If the dispute happened after the performance had commenced then the court would find that the offeror accepted the counteroffer

exclusive dealings contract

The UCC recognizes this fact by providing that, unless the parties agree to the contrary, an exclusive dealing contract imposes a duty on the distributor to use her best efforts to sell the goods and imposes a reciprocal duty on the manufacturer to use his best efforts to supply the goods [2-306(2)].

bargained for exchange

The aspect of consideration that differentiates contracts from illusory promises by holding that a performance or return promise is bargained for only if it was exchanged for another promise.

What happens when someone dies or is mentally incapable of accepting the contract

The contract is automatically terminated

Slander

The defamation action appropriate to oral defamation Unlike libel this tort is normally not actionable without proof of damages unless the nature of it is so serious that it is classified as "Slander per se"

Libel and what elements makea tort libel

The defamation action appropriate to printed or written defamations, or to those that have a physical form Example sign, picture, or statue -Since its more permanent than slander normally proof of actual damages is not needed for the plaintiff to recover -damages do not need to be proven by plaintiff

When can offers not be revoked?

The offeror has promised to keep it open for a certain amount of time if the offeree has some sort of consideration. Offeree has started to perform requested act before offeror tries to revoke it Offeree reasonably relies on the offer to remain open, will suffer injustice if it is revoked Firm offers- Merchant offeror makes written offer to buy or sell goods, giving assurances that it will be held open

The master of the offer

The offeror is the master of the offer and determines how the offeree may accept (this is called stipulation)

requirements for an offer

The person who makes an offer (the offeror) gives the person to whom the offer is made (the offeree) the power to bind the offeror to a contract simply by accepting the offer. 1. objective indication of a present intent to contract 2. they look for specificity or definiteness of the terms of the alleged offer 3. they look to see if it has been communicated to the offeree

assault

This happens when there is an intentional attempt to harm someone. The necessary intent is the same for battery . Except it is irrelevent if the threatened contact occurs.

Explain Negligence

This is the failure to use reasonable care, with harm occuring to another party as a result. -Assume that without checking, D pulls the trigger on what he incorrectly and unreasonably thinks is a unloaded handgun. If the guns go off and wounds someone than they have negligently harmed them.

What is the UCC

UCC sought to create a body of rules that would realistically and fairly solve the common problems occurring in everyday commercial transactions

Commercial appropriation of name or likeness

USing someones name for endorsement Liability for invasion of privacy can exist when, without that person's consent, the defendant commercially uses someone's name or likeness, normally to imply her endorsement of a product or service or a nonexistent connection with the defendant's business.

Special acceptance in unilateral and bilateral contracts

Unilateral- The offeree must perform the requested act Bilateral-As a general rule, to accept an offer to enter such a contract, an offeree must make the promise requested by the offer. example of bilateral So, if Arnold, a farmer, leaves 10 bushels of corn with Porter, the owner of a grocery store, saying, "Look this corn over. If you want it, it's $5 a bushel," and Porter sells the corn, he has impliedly accepted Arnold's offer. But what if Porter just let the corn sit and, when Arnold returned a week later, Porter told Arnold that he did not want it?

Requirement Contract

When a seller agrees to supply the needs of a buyer. legitimized by the ucc not illusory

Acceptance when a writing is anticipated

Whether a reasonable person, familiar with all the circumstances of the parties' negotiations, would conclude that the parties intended to be bound only when an agreement was signed then it could be found that they had an agreement before any signing happened

Why did they introduce negligence law?

With the introduction of railroads and industrialization, came injuries to people and to peoples property. Many of these did not fit under intentional tort framework, because most were unintended

Misuse of legal proceedings

Wrongful use of civil proceedings malicious prosecution abuse of process

If one repeats a defamation but is not the publisher of the statement?

You are normally not liable if you are only the distributer

Mailbox rule in common law

acceptance of an offer legally takes place when the acceptance is placed in the US Mail with adequate postage and addressed as the offer requested. Unless otherwise stated in the terms by the offeror

advertisements

advertisements are not offers. They are inviting customers to offer the business. The ad has to have specifics like "20 spots available" then it is an offer

What is an acceptance?

an expression on the part of the offeree by which he or she indicates an intent to be bound by the terms of the offer

Acceptance by Shipment

an order requesting prompt or current shipment of goods may be accepted either by a prompt promise to ship or by a prompt or current shipment of the goods they can ship something else it is still an acceptance of the order

pre-existing public duty

duty to obey the law So, Thomas's promise to pay Brown $100 a year in exchange for Brown's promise not to burn Thomas's barn would not be enforceable against Thomas

Contributory Negligence

f the plaintiff is 1% at fault then they get nothing. They are completely liable. -only still a thing in 4 states, virginia is one of them

Gertz rule

first gertz rule -in order to win a defamation case, the private figure plaintiff must prove some level of fault as set by state law, so long as that level of fault was at least negligence 2nd gertz rule -if a private figure plaintiff proved only negligence on the defendant's part—the level of fault necessary to enable the plaintiff to win the case—the recoverable damages would be restricted to compensatory damage -if the plaintiff wants more than compnesatory damages then he must prove actual malice

public official plaintiff cases

he or she must prove not only the usual elements of defamation but also a First Amendment-based fault requirement known as actual malice. a public official plaintiff will not be held liable unless the public official proves that the defendant made the statement either (1) knowing it was false or (2) recklessly. a higher standard of proof than the preponderance of the evidence standard applicable to every other element of a defamation claim and to civil cases generally.

opinion defimation

if it is pure opinion then it is not defamation. if it is a mix then it can be considered

Mixed Negligence state

if the plaintiff is more than 51% liable they get nothing. If it's less than 50 then they get the other half. If its 49% then they get 51%

Does rejection always mean termination of contract?

in an option if the offeree rejects the contract but then later decides to accept it within the given time period pof acceptance than it is still enforcable

What is legal value defined as

in exchange for the promisor's promise, the promisee does, or agrees to do, something he had no prior legal duty to do, that provides legal value If, in exchange for the promisor's promise, the promisee refrains from doing, or agrees not to do, something she has a legal right to do, that also provides legal value

Special rules

injuries must be taken as they are without speculation about what may have happened if the injury victim did not have a condition that predisposed him/her to a more severe injury. Does not matter you are paying for all of it. You still did the crime

proximate cause

is liable only for the "natural and probable consequences" all depends on what the court decides in natural and possible like if someone hurts someone, are they liable for all the damages done?

Consideration

legal value, bargained for and given in exchange for an act or promise. In corporation law, cash or property contributed to a corporation in exchange for shares, or a promise to contribute such cash or property.

Acceptance in common law

mirror image rule acceptance must be identical to the offer...otherwise, no contract is formed

trespasser

no license no consent

Adequacy of Consideration

not required where the parties have freely agreed to the exchange Freedom of contract includes the freedom to make bad bargains as well as good ones, so promisors' promises are enforceable if they got what they asked for in exchange for making their promises, even if what they asked for was not nearly so valuable in worldly terms as what they promised in return. Cant trade 500$ for 1000$

innocent representation

occurs when a person makes a statement he believes to be true but actually misrepresents facts. An innocent party can rescind a contract, but usually CANNOT seek damages.

lapse of time

offer remains open for the time period specified or, if no time is stated, for a reasonable period of time stocks and stuff that can fluctuate or die are onyl subject to short periods of time like fruit which dies

terms of the offer

offeror: "master of the offer", offerors have the power to determine the terms and conditions under which they are bound to a contract offeror may include terms in the offer that limit its effective life

Sexual assault

one who commits a sexual assault is criminally liable and will also be liable for some or all of the torts of assault, battery, false imprisonment, and intentional infliction of emotional distress.

Promissory Estoppel

promissory estoppel An equitable doctrine that protects those who foreseeably and reasonably rely on the promises of others by enforcing such promises when enforcement is necessary to avoid injustice, even though one or more of the elements normally required for an enforceable agreement is absent.

property damage and economic

property damage Is recognized as in injury in which compensatory damages are given. some injuries may not be physical or done to the property of the plaintiff but may have damaged them economically

Quasi Contract

quasi-contract liability is imposed when one party confers a benefit on another who knowingly accepts it and retains it under circumstances that make it unjust to do so without paying for it. Jones paints Smith's house by mistake, thinking it belongs to Reed. Smith knows that Jones is painting his house but does not inform him of his error. There are no facts from which a court can infer that Jones and Smith have a contract because the parties have had no prior discussions or dealings.

Property right to someones identity and their right to control it

recognition of this property right has given rise to a separate legal doctrine known as the right of publicity, under which public figures, celebrities, and entertainers have a cause of action against defendants who, without consent, use the right holders' names, likenesses, or identities for commercial purposes using their name in a tv show is non-commercial first amendment does not necessarily protect if it was not commerica then the first amendment would work as a defense

Non-contract obligation

sometimes people still owe people stuff even if there was no contract

Negligent mistakes

sometimes relief is not granted when the nature of the mistake is from negligence. they have to weigh how negligent they were

if a newspaper company publishes something who can be considered liable ?

the comoany is supposed to have editorial rights so they would be liable most of the time. The writer is also liable

Conversion

the defendant's intentional exercise of dominion or control over the plaintiff's personal property without the plaintiff's consent.

of and concerning

the defimatory statement must be concerning the plaintiff -if its in a book and a reasonable reader can determine that the plaintiff is the subject of the story then it can be defimation

What is the necessary intent for conversion?

the intent to exercise domain over someones property. if you buy stolen property you can be liable

What is battery and what is the intent required?

the intentional and harmful or offensive touching of another without his consent. 1) the intent to cause harmful or offensive contact or (2) the intent to cause apprehension that such contact is imminent -In order for it to be considered battery, the person injured can't be the person the attacker meant to harm Example: for instance, that in order to scare Pine, Delano threatens to "shoot" Pine with a gun that Delano mistakenly believes is unloaded. If Delano ends up shooting Pine even though that had not been his specific intent, Delano is liable for battery. if Dudley throws a rock at Thomas and hits Pike instead, Dudley is liable to Pike for battery. Page 6-6

requirements for unilateral mistake

the nonmistaken party had reason to know about the mistake it would be unconscionable to enforce the contract

Malicious Prosecution

the wrongful institution of criminal proceedings against someone without reasonable grounds protects against wrongful institution of criminal proceedings (1) the defendant caused the criminal proceedings to be initiated against the plaintiff without probable cause to believe that an offense had been committed, (2)the defendant did so for an improper purpose, and (3) the criminal proceedings eventually were terminated in the plaintiff's favor.

actual cause

use the but-for test This test provides that the defendant's conduct is the actual cause of the plaintiff's injury when the plaintiff would not have been hurt but for (i.e., if not for) the defendant's breach of duty.

Valid, unwnforceable, voidable, and void contracts

valid-meets all legal reqiurements Unenforceable-Meets legal standards but may not be forceable because of some other legal rule voidable- harmed parties have the right to cancel their obligation void- contracts that no legal obligations like contracts to commit crimes