Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
33 Cards in this Set
- Front
- Back
|
Uniform Commercial Code (UCC)
|
-conforms contract laws, b/w states
-only deals with commercial transactions (sale of goods) -Louisiana doesn't follow. |
|
|
Contract
|
a legally enforceable exchange of promises.
|
|
|
Consideration
|
the inducement to contract; what is being exchanged.
|
|
|
questions asked within consideration
|
-is there a bargained for exchange?
-is there a benefit and detriment to both parties? -is the consideration adequate? |
|
|
is the consideration adequate?
|
is what's being exchanged of equal or similar value
-Illinois courts care |
|
|
Detriment
|
-doing something you are not legally obligated to do outside of the contract.
or - not doing something that you had the right to do outside the contract. |
|
|
Statute of Frauds
|
law that tells us when a contract needs to be in writing in order to be enforceable
|
|
|
Liquidated Damages
|
the parties agree in advance what the damages will be if there is a breach in contract.
|
|
|
Contributory Negligence
|
if the plaintiff is negligent to and contributes to his own injury, the defendant can not be held liable.
|
|
|
Comparative Negligence
|
defendant can only be held liable for his share of the injury
|
|
|
Constructive Eviction
|
the landlord does not formally evict the tenant, but allows conditions to become so unbearable the tenant has no choice but to move.
|
|
|
Libel
|
defamation that is written, broadcast, published
-injury is presumed |
|
|
Slander
|
defamation that is oral
-plaintiff must show injury |
|
|
Slander per se
|
a form of defamation in which:
1. plaintiff is accused of having committed a serious crime. 2. p is accused of being incompetent in his profession 3. p is accused of have an STD. 4. p is accused of being an unchaste woman. -injury is presumed |
|
|
Defamation
|
an intentional statement that is false and hurts someones reputation
|
|
|
Fraud
|
misrepresentation of a material fact, made with knowledge of the falsity of the statement, with intent to cause another to act, which in fact causes another to act to his detriment or injury
- a contract defense |
|
|
Duress
|
an improper threat that is sufficiently grave that it leaves the victim with no resonable alternative, but to accept the contract
-a contract defense |
|
|
contract defense
|
ways to void a contract
|
|
|
Mitigation
|
under contract law, both parties have an obligation to limit, the amount of damages that accrue.
|
|
|
Specific Performance
|
-court orders parties to comply with the terms of the contract
-goods are unique -an equitable remedy |
|
|
Restitution
|
the breaching party puts the injured party in the same position he'd be in if the contract had never been made.
-an equitable remedy |
|
|
Tort
|
a civil wrong;the civil side of cases which may or may not be criminal.
|
|
|
Strict Liability
|
-liability without fault
-without regard to defendant's state of mind or the nature of his conduct. |
|
|
Battery
|
intentional contact that is harmful or offensive.
|
|
|
Assault
|
intent, plus reasonable apprehension of an imminent battery
-the plaintiff has to be put in a situation where tehy are in expectation that you are about to be battered -an intentional tort |
|
|
False Imprisonment
|
intent, plus confinement against ones will with out a reasonable means of escape.
-an intentional tort |
|
|
Negligence
|
an act taking an unreasonable risk, breaching a duty of due care, causing injury
|
|
|
Accession
|
the improvement or augmentation of personal property by artificial means
|
|
|
Bailment
|
voluntarily turning over personal property to another for the accomplishment of some purpose.
|
|
|
Easement
|
non-possessory interest in land that entitles the owner of the easement a limited use or enjoyment of the land
ex. sewer lines |
|
|
Zoning
|
the power of the government to regulate and restrict the use of real property.
-segregates uses -promotes the orderly development of property -protects the environment -Alaska doesn't have it |
|
|
Eminent Domain
|
the power of the government to take private property for public use with just (fair) compensation.
|
|
|
Trademark
|
gives the owner the exclusive right to a symbol,brand name or slogan.
- protects the consumer |
