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33 Cards in this Set
- Front
- Back
Uniform Commercial Code (UCC)
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-conforms contract laws, b/w states
-only deals with commercial transactions (sale of goods) -Louisiana doesn't follow. |
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Contract
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a legally enforceable exchange of promises.
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Consideration
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the inducement to contract; what is being exchanged.
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questions asked within consideration
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-is there a bargained for exchange?
-is there a benefit and detriment to both parties? -is the consideration adequate? |
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is the consideration adequate?
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is what's being exchanged of equal or similar value
-Illinois courts care |
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Detriment
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-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. |
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Statute of Frauds
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law that tells us when a contract needs to be in writing in order to be enforceable
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Liquidated Damages
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the parties agree in advance what the damages will be if there is a breach in contract.
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Contributory Negligence
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if the plaintiff is negligent to and contributes to his own injury, the defendant can not be held liable.
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Comparative Negligence
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defendant can only be held liable for his share of the injury
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Constructive Eviction
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the landlord does not formally evict the tenant, but allows conditions to become so unbearable the tenant has no choice but to move.
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Libel
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defamation that is written, broadcast, published
-injury is presumed |
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Slander
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defamation that is oral
-plaintiff must show injury |
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Slander per se
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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 |
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Defamation
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an intentional statement that is false and hurts someones reputation
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Fraud
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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 |
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Duress
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an improper threat that is sufficiently grave that it leaves the victim with no resonable alternative, but to accept the contract
-a contract defense |
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contract defense
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ways to void a contract
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Mitigation
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under contract law, both parties have an obligation to limit, the amount of damages that accrue.
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Specific Performance
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-court orders parties to comply with the terms of the contract
-goods are unique -an equitable remedy |
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Restitution
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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 |
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Tort
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a civil wrong;the civil side of cases which may or may not be criminal.
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Strict Liability
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-liability without fault
-without regard to defendant's state of mind or the nature of his conduct. |
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Battery
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intentional contact that is harmful or offensive.
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Assault
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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 |
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False Imprisonment
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intent, plus confinement against ones will with out a reasonable means of escape.
-an intentional tort |
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Negligence
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an act taking an unreasonable risk, breaching a duty of due care, causing injury
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Accession
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the improvement or augmentation of personal property by artificial means
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Bailment
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voluntarily turning over personal property to another for the accomplishment of some purpose.
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Easement
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non-possessory interest in land that entitles the owner of the easement a limited use or enjoyment of the land
ex. sewer lines |
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Zoning
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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 |
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Eminent Domain
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the power of the government to take private property for public use with just (fair) compensation.
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Trademark
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gives the owner the exclusive right to a symbol,brand name or slogan.
- protects the consumer |