Untitled Deck Flashcards
(34 cards)
What is jurisdiction?
The authority of a court to hear a case
Jurisdiction can refer to geographic or subject matter authority.
What are the differences between mediation and arbitration?
Mediation involves a neutral third party facilitating a resolution, while arbitration involves a neutral third party making a binding decision
Mediation is generally non-binding, whereas arbitration is binding.
List reasons to use one form of dispute resolution over another.
- Cost-effectiveness
- Speed
- Privacy
- Control over the process
- Finality of decision
What are the elements of a contract?
- Offer
- Acceptance
- Consideration
*Contractual capacity - Legality
Define promissory estoppel.
A legal principle that enforces a promise when the promisee relies on it to their detriment
This principle is used to prevent injustice.
What are the three I’s related to capacity in contracts?
- Infancy
- Incompetence
- Intoxication
True or False: Contracts can be in written or oral form.
True
Some contracts must be in writing to be enforceable under the Statute of Frauds.
What is the Parole Evidence Rule?
A doctrine that prevents the introduction of extrinsic evidence that contradicts or adds to the written terms of a contract
This rule aims to uphold the integrity of written agreements.
What is the Statute of Frauds?
A law requiring certain contracts to be in writing to be enforceable
Typically includes contracts for the sale of real estate, contracts that cannot be performed within one year, etc.
What does ‘mirror image rule’ refer to?
The requirement that an acceptance must exactly match the terms of the offer
Any deviation constitutes a counteroffer.
What are the mailbox rules?
The principle that an acceptance of an offer is effective when sent, not when received
This rule applies unless specified otherwise by the offeror.
List defenses to mutual assent.
- Mistake
- Duress
- Undue influence
- Fraud
Define substantial performance.
A legal doctrine that allows a party to enforce a contract if they have performed enough of the contract to warrant payment, despite minor defects
This is often applied in construction contracts.
What is the difference between impossibility and commercial impracticability?
- Impossibility: Performance is objectively impossible
- Commercial impracticability: Performance is possible but would cause extreme and unreasonable difficulty or expense
What is frustration of purpose?
A doctrine that allows a party to be excused from performance when an unforeseen event undermines the very purpose of the contract
The event must be significant enough to frustrate the contract’s purpose.
What are intentional torts?
- Intent
- Defamation
Define negligence.
Failure to exercise the care that a reasonably prudent person would exercise in like circumstances
Negligence is a key component in tort law.
What are the components of negligence?
- Duty
- Breach
- Causation
What is Res Ipsa Loquitur?
A legal doctrine that infers negligence from the very nature of an accident or injury, without direct evidence
This doctrine applies when the event is typically not expected to occur without negligence.
What is the difference between causation in fact and proximate causation?
- Causation in fact: Direct cause of the injury
- Proximate causation: Legal cause that connects the breach to the injury
What are the types of damages in tort law?
- Compensatory damages
- Punitive damages
List defenses to negligence.
- Assumption of risk
- Comparative negligence
What is the modern approach to products liability?
- Manufacturing defect
- Design defect
- Warning defect
What are trademarks?
Symbols, words, or phrases legally registered or established by use as representing a company or product
Trademarks help prevent consumer confusion.
