Test 2

Question 1

Defamation

Answer 1

Exists if there is the communication of false defamatory information that ruins the reputation of an individual in the community

Question 2

slander

Answer 2

verbal

Question 3

libel

Answer 3

written

Question 4

defamation has to be

Answer 4

false, not a fact

Question 5

invasion of privacy

Answer 5

disclosure of private facts

Question 6

three parts to a contract

Answer 6

mutual ascent, consideration, no defense to enforceability

Question 7

subject to risk

Answer 7

somebody does something crazy and gets hurt

Question 8

assumption of the risk

Answer 8

when the consequence is communicated clearly to the public what the specific risk is

Question 9

wrongful termination

Answer 9

getting fired for an unlawful reason

Question 10

parole evidence rule

Answer 10

party cannot introduce evidence or testimony at trial that conflicts with the clearly written terms of a contract

Question 11

arms length transaction

Answer 11

conveys the fact that you have no reason to trust them, and they have not reason to trust you

Question 12

contract definition

Answer 12

set of mutually enforceable promises

Question 13

mutual ascent

Answer 13

based on outward manifestations of parties, must be valid offer, valid acceptance

Question 14

breach of contract

Answer 14

what would it cost for someone else to perform or have something of similar value

Question 15

specific performance

Answer 15

wanting what the contract originally said to be done

Question 16

in order for intoxication to apply

Answer 16

party needs to be so intoxicated to not understand consequences of what they are entering into

Question 17

sales contracts

Answer 17

transfer of ownership to tangible goods and ownership rights from one party to another party for a price before consideration

Question 18

warranty of merchantability

Answer 18

item will do what it is supposed to do

Question 19

sales service

Answer 19

does not need to be proved

Question 20

service contract (negligence)

Answer 20

needs to be proved

Question 21

if quantity is missing, then

Answer 21

the sales contract is non enforceable

Question 22

age requirement for someone to act as an agetn

Answer 22

none

Question 23

non termination of the power of accent

Answer 23

must be accepted in the manner set

Question 24

consideration

Answer 24

both parties have to agree to give something up

Question 25

option contract

Answer 25

revocation is not possible until the contract has expired, can be terminated by counter offer

Question 26

forbearance

Answer 26

giving up something you're obligated to do

Question 27

performance

Answer 27

doing something you're not legally obligated to do

Question 28

promissory estoppel

Answer 28

word proceeding cannot exist

Question 29

defenses to enforceability

Answer 29

non-conceptuality, misrepresentation, fraud, reliance is justifiable, mistake, unilateral mistake rule

Question 30

non conceptuality

Answer 30

parties not on the same wavelength, expected different things

Question 31

misrepresentation

Answer 31

require to be proven to be misrepresentation of a material fact causing harm, contract cancelled

Question 32

fraud

Answer 32

additional intent to to decieve, damages paid

Question 33

reliance is justifiable

Answer 33

it is justifable for someone to rely on authority

Question 34

mistake

Answer 34

doesn't apply in a situtaion where outcome doesn't occur to thought

Question 35

unilateral mistake rule

Answer 35

contract can be rescinded if only one person makes a mistake, must be proven that the non mistaken party new they were mistaken

Question 36

innocent representations

Answer 36

do not give damages, credit rather

Question 37

incapacity

Answer 37

intoxication, insanity, minors

Question 38

intoxication

Answer 38

being impaired, the one offering should know

Question 39

insanity

Answer 39

being under medication or illegal substances counts

Question 40

minors

Answer 40

unenforceable unless they are for necessities

Question 41

illegality

Answer 41

non-compete contract, economic duress

Question 42

statutes of frauds

Answer 42

prevents fraud

Question 43

contracts that need to be in writing

Answer 43

land, consideration of marriage, contract that involves sales over 500, not likely to be performed within a year

Question 44

third parties

Answer 44

do not sign, yet have rights