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Flashcards in Exam 2 Deck (28)
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1

a promise or set of promises for the breach of which the law provides remedies

contract

2

three elements of a contract and what they are affected by

offer, acceptance, consideration affected by capacity and legality

3

manifest agreement orally or in writing

Express Contract

4

parties don't write anything down is established by conduct

Implied Contract

5

one party makes a promise and the other party performs

Unilateral Contract

6

both parties make promise and the other performs

Bilateral Contract

7

uniform set of laws that is passed in identical form in every state except Louisiana - this stands if done in a reasonable period of time

Uniform Commercial Codes
side note Louisiana has Napoleonic code

8

if the object of the contract is illegal then the contract is VOID

legality of a contract

9

this is voidable if the 2 parties of the contract understand the nature and consequences of actions

capacity of a contract

10

if person is involved in contract do to this then their portion of the contract is voidable

defects in capacity

11

defect in capacity where if you are under they are under 18 years old this can be extend to the minor if within a reasonable amount of time - this is NON-VOIDABLE if the person is emancipated

Infancy

12

type of defect in capacity where the person doesn't have the mental facilities to decide whether or not to enter the contract this could be due some kind of mental illness also becomes more complicated to to the person having good days and bad days

Incapacity

13

this defect in capacity only occurs when you don't know what you are doing an example of this would being blackout drunk where you loose whole periods of time

Intoxication

14

part of a contract that needs to be made in clear unambiguous language contained in definite terms about material items should contain lots of specificity and be COMMUNICATED

Offer

15

manifestation of assent to the terms of the offer in the manner required of the offer

Acceptance

16

benefit of the bargain of exchange
-both parties have to get something of value
-promise to make a gift is not enforceable
-if pre-existing legal duty no consideration is made

consideration

17

Describe the Hooters Case

Hooters was having a contest to see who could sell the most beer and then they would get a Toyota this waitress wins the contest and then finds she gets a toy yoda and is pissed sues because there was no offer and wins the lawsuit and picks the Toyota she wants

18

Describe the Lucy v.s Zehmer case

in 1954 Lucy and Zehmer were out to dinner and Zehmer offered to sell Lucy the Ferguson Farm for $50,000 and they both accept except when Lucy comes with the check the next day Zehmer won't sell the farm to Lucy and he sues and Zehmer has to sell the farm for 50,000

19

What is the 2 prong test

the first prong is the objective test where you see if all parts of a contract are there offer acceptance consideration the second prong is where you have a meeting of the minds and look at the contract from the prospective of the disadvantage

20

what are the 4 parts of a tort

duty, breach of duty, causation, Damages

21

What was Pittson's duty to the people of Buffalo Creek

not to kill their residents

22

How did Pittson breach their duty

they killed their residents

23

What kinds of Damages were caused

Death
Pain and suffering
damages- funerals
property damage
environmental damages
Physical injurys

24

What was the Causation for Pittson

did pittson cause the damages by a preponderance of evidence

25

describe the act of god defense

three inches of rain in a 2 day period which could be covered by emergency spillage and structural changes

26

what was the wasn't even us defense

if the corporation wasn't properly capitalized then pittson wasn't responsible for the actions of a subsidiary however BCMC was a division of pittson and therefore is under the care of pittson

27

what was the States fault defense

WV didn't have any money and you can't sue the state

28

what was the defense that it was the people's fault

people should have moved but they are too poor to move