Purdue MGMT 455 Final Exam

Indiana Tort Claims Act

Before being allowed to file a suit against a governmental agency, a person must first provide written notice of the claim to the agency within a reasonable amount of time

executory contract

a contract in which something remains to be done by one or both parties

executed contract

a contract that has already been completely performed

chapter 13 proceedings

a debtor who has regular income will pay something to all creditors and the debtor will keep all property

chapter 9 proceedings

a municipality files bankruptcy and presents a plan by which it will restructure its debts

intentional tort

a tort which occurs when wrongdoers engage in intentional conduct

what is the ACA

affordable care act; a federal law that mandates we all have health insurance & we pay a tax if we do not; can obtain insurance on our own, through employer, through government, or through parents until 26

express contract

agreement of the parties manifested by their words, whether spoken or written

how can a home owner avoid the filing of a mechanic lien?

by paying the supplier the amount that is owed

punitive damages cap and percentages

capped at $50,000 OR three times the amount of compensatory damages; 75% of punitive damages are paid to the Victim's Violent Crime Compensation Fund

negligence tort

careless actions or actions taken without thinking through their consequences

defenses to a negligent tort

comparative fault contributory negligence

implied contract

contract expressed by conduct or implied or deduced from the facts

which defense can the state claim if the person was slightly at fault in the accident

contributory negligence

quasi contract

court imposed obligation to prevent unjust enrichment in the absence of a contract

Eviction

landlord must give ten days notice before filing suit, if tenant pays within ten days then landlord cannot sue; if paid month to month then landlord OR tenant must give 30 day notice before eviction

security deposit law

landlord must remburse tenant for any portion of unused security deposit within 45 days of the end of the lease and after tenant has provided a written forwarding address and also turned in the keys

debts that are not discharged in a chapter 7

malicious injury to property, child support/alimony, court fines, property settlement debts

can a ward of the court enter into an enforceable contract

no, does not have the legal capacity

can a landlord lock out a tenant b/c they're behind in rent

no, must go through court

can attorney fees by included in a judgement?

no, unless there is a statute that allows the litigant to recover them or unless the contract allows it

summons

notifying defendant of their duty to appear in court

subpoena

notifying someone of their duty to provide evidence in court

can a tenant deduct costs of repairs off their rent

only if a landlord agreed to make them and failed to do so

Innkeeper's Lien Law

the right of an innkeeper to take and hold or sell the property of a debtor as security or payment for debt *only applies to transient tenants not long term tenants

Contract

the total legal obligation that arises from an agreement between two or more parties

a non-competition contract will be enforced by a court if the court find that the terms of the contract are reasonable in time and an area covered by its terms

true

an insurance company cannot deny coverage based on a pre-existing medical condition

true

court can refuse to enforce a contract they deem unconscionable

true

independent contractors are liable for their own contracts and their own torts

true

insurance companies cannot set annual and lifetime caps on health insurance benefits

true

out of pocket expenses (ex. loss of wages) are recoverable in small claim court

true

parent is not liable for a minor's contract unless they cosigned

true

parents cannot contract away their child's right to receive child support

true

strict liability tort

type of tort which imposes liability without regard to whether there was an intent to harm or any negligence occured

when is an offer effective?

when it has been accepted by the offeree

elements of a valid contract

1. agreement 2. supported by consideration 3. must be between parties w/ legal capacity 4. agreement in proper form 5. agreement for a legal purpose

Indiana Lemon Law Rules

1. allow dealer a reasonable number of attempts to fix the vehicle 2. purchaser may either demand return of their money or a car of comparable value

service of summons/subpoena by sheriff

1. delivering to the person 2. leaving a copy at person's last known address w/ a person of suitable age 3. leaving the summons at last known address AND mailing it to that address AND the mail isn't returned

process of filing a small claims court lawsuit

1. file a complaint 2. service of process (summons) 3. defendant must reply within a reasonable amount of time

when is miranda applicable

1. person is in custody 2. person is being interrogated by police 3. person provides an answer to the police questions 4. the answer to the question is incriminating

what is the time limit for someone to appeal a small claims court decision

30 days

how many full time employees must employers have before they are required to provide group health insurance

50

Mitigation

Landlord has a responsibility to mitigate if the tenant breaks the lease

Fifth Amendment

Miranda Rule of Law: allows individuals to be free from self-incrimination

Uses of Security Deposit (if not returned)

cover unpaid rent damages unpaid bills

chapter 7 proceedings

debtor will not pay any money to creditors and loses all property that is in excess of exemptions

how much can you sue for if you're not paid for overtime work?

double the wages + attorney fees

elements of a tort

duty breach of that duty damage caused by that breach

collection process

execution (seizure of a person's property by sheriff) or garnishment (taking of a portion of the defendant's wages until judgement is paid)

A tort claim is the same action as a suit for breach of contract

false

Miranda applies if a person is not in custody

false

Miranda applies to voluntary statements by a person without being interrogated by the police while in custody

false

a court may not reform a contract in order to carry out the intent of the parties to the court

false

a minor cannot cancel their contracts before reaching age 18

false

a person can lose all their wages through garnishment

false

disposable earnings (in ch 13 bankruptcy) means

gross amount of money earned by a debtor each month minus income taxes and living expenses

if a mechanic lien is foreclosed what could happen?

homeowner may have their home sold

how may a person recover compensatory damages

if there is enough proof presented to support such an award

tort

private wrong for which a person will seek to obtain money for such wrong

which companies are regulated by anti-trust laws; which are exempt

regulated: National Basketball and Football Associations exempt: labor unions

an entire bankruptcy may be thrown out of court if...

someone has concealed assets, lied in court, or filed a chapter 7 within the past 8 years

if landlord converts tenant's property what can the tenant do?

sue the landlord and request a judgement for 3x the value of the item + attorney fees

who may file a mechanic lien

suppliers, contractors, and subcontractors who aren't paid for the supplies or work done to improve a home

exemptions to execution

tangible personal property: 10,250 intangible personal property: 400 family residence: 19,300 retirement account cannot be touched

Difference between an employee and an independent contractor

the amount of control a principal is asserting over such person; more control = employee, less = contractor