law Flashcards
(33 cards)
What are the elements of a contract?
Offer – Serious, communicated, definite
Acceptance – Oral, written, performance, or silence (sometimes)
Consideration – Value exchange (not always $)
Capacity – No infants, intoxicated, insane
Legality – Lawful only
Form – Sometimes must be in writing
What is Mediation?
Mediation = non-binding
What is Arbitration?
Arbitration = binding decision
FAA = Federal Arbitration Act enforces arbitration clauses
What is required to enforce an arbitration agreement?
To enforce: agreement + arbitrable subject + valid award + assets
What constitutes a Material breach of contract?
Material breach = core failure → stop performance
What is Substantial performance in contract law?
Substantial performance = most done → still pay
What are common defenses to contract breach?
Defenses: duress, undue influence, mistake, statute of limitations, impossibility
What are the elements of Negligence in torts?
Elements: duty → breach → causation → damages
What is the standard for Negligence?
Standard: what a ‘reasonable person’ would do
What are defenses to Negligence?
Defenses: comparative negligence, assumption of risk
What is Premises liability?
Premises liability = injury on property (e.g., slip and fall)
What is Joint & Several Liability?
Joint & Several Liability = each party is fully liable
What are the types of Product Liability?
Manufacturing defect = bad batch
Design defect = unsafe by design (e.g., Lakin case)
Warning defect = no proper warnings
What must be proven in a Product Liability case?
Must prove product caused injury
What does a Patent protect?
Patent – protects inventions/processes, lasts 20 yrs, must be novel/useful
What does Copyright protect?
Copyright – automatic for creative/tangible work, no registration needed
What are Trademarks?
Trademark – brand identifiers (® = registered, TM = claimed)
What is a Trade Secret?
Trade Secret – valuable, secret info (e.g., WD-40); must take precautions to protect
Is reverse engineering legal for trade secrets?
Reverse engineering is legal for trade secrets, not copyrighted code
What is the role of an Agent?
Agent = acts on behalf of the principal
What is the Principal’s liability regarding the Agent?
Principal is legally bound by the agent’s actions within the scope
What does ‘Respondeat superior’ mean?
‘Respondeat superior’ = employer liable for employee’s torts at work
What are the duties of an Agent?
Agent duties = loyalty, obedience, due care, and inform
What are the duties of a Principal?
Principal duties = pay, reimburse, safe work environment
