Contracts 1
Occurs when the party to which an offer is made agrees to the terms of the offer.
What is Acceptance?
The reason a contract for the sale of a human organ cannot be enforced in U.S. courts.
What is illegality?
What is a reasonable person standard?
A subset of strict liability torts that involves a product that is defective.
What is product liability?
Legal term for when one party gives something up and another party receives something in return.
What is Consideration?
Sandy contracts with Alvaro to sell him her bike. Alvaro then says he wants her bike helmet, too, and Sandy agrees to include the helmet in the sale. On the day Sandy is to sell the bike and helmet to Alvaro, she tells him she will keep the helmet because she might get another bike for herself. Alvaro sues Sandy for the helmet. This party wins in court.
Who is Sandy? (no additional consideration for the modified contract)
Type of tort that requires a showing the defendant intended to take the action causing damage.
What is an intentional tort?
Movement to reduce high punitive damage awards to tort plaintiffs.
What is tort reform?
A failure to honor a contractual promise when the time for performance comes due.
What is a Breach of Contract?
Offer and acceptance, taken together, are taken as evidence of this invisible mental event.
What is a meeting of the minds?
Term for when plaintiff has shown that a specific breach of duty resulted in damage, factually speaking.
Penalty available in criminal law that is not available in tort law.
What is imprisonment (or execution)?
Legal term for when the offeror changes her mind and decides she wants to take her offer back.
What is rescission, revocation, or withdrawal?
Mona, a 17 year old high school student, enters into a contract to purchase a vehicle from another student at her high school, 18-year-old Jose. Jose hands the car over to Mona, but Mona never pays. Jose sues Mona for damages. What will the court do with Jose's complaint?
What is dismiss the complaint because Mona was not legally competent to enter into a contract?
Contract provisions in which parties agree to take specific actions. Often thought of as the heart of the contract.
What are covenants?
Term for when plaintiff has shown that an act has caused damage legally speaking (that is, there is no intervening action by a third party that relieves the tortfeasor of responsibility for the damage).
What is proximate cause?
Unlike criminal law, tort law seeks to penalize, and thereby deter, this type of wrong.
What is a private wrong?
A situation where a court forces a breaching party to fulfill the contract by performing the acts specified in the contract.
What is Specific Performance?
A salesperson for Vacuums R Us visits Ms. Soo at her home and succeeds in selling Ms. Soo a vacuum cleaner for $1,000, payable is four monthly installments. Ms. Soo is a welfare recipient who has trouble buying enough food each month. She fails to make one of the payments she owes to Vacuums R Us, and the company sues her. Who likely wins the case and why?
What is Vacuums R Us, because the court will refuse to enforce an unconscionable (or adhesion) contract.
Factual assertions given to induce another party to enter into a contract or take some other action; and promises of indemnity if the assertions are false.
What are representations (the factual assertions) and warranties (the promises of indemnity)?
The first element a plaintiff must show to establish an unintentional (negligent) tort.
What is duty?
Tort based on defendant's intentional act that deeply upset the plaintiff, where defendant knew or intended the act to upset the plaintiff.
What is Intentional Infliction of Emotional Distress?