Remedies
Damages that compensate the nonbreaching party for the loss of the bargain
What are compensatory Damages?
An ethical philosophy rooted in the idea that every person has certain duties to others, including both humans and the planet.
What is duty based ethics?
Guarantees the freedoms of religion, speech, and the press and the rights to assemble peaceably and to petition the government.
What is the first amendment?
The law governing the timeframe a person has to bring a lawsuit for breach of a contract.
What is the Statute of Limitations?
A company may permit another party to use a trademark (or other intellectual property) under a ____.
What is a license?
Damages designed to punish a wrongdoer and set an example to deter similar conduct in the future, they have no legitimate place in contract law.
What are punitive damages?
An ethical philosophy that focuses on the impacts of a decision on society or on key stakeholders.
What is outcome based ethics?
Prohibits compulsory self-incrimination
What is the 5th amendment?
A person who is engaged in the purchase and sale of goods.
What is a merchant?
A small file from a website and stored in a user’s Web browser to track the user’s Web browsing activities.
What is a cookie?
A small monetary award (often one dollar) granted to a
plaintiff when no actual damage was suffered or when the plaintiff is unable to show such loss with sufficient certainty.
What are nominal damages?
The principle that human beings have certain
fundamental rights (to life, freedom, and the pursuit of happiness, for example).
What is the principle of rights?
States that the right of the people to keep and bear arms shall not be infringed.
What is the second amendment?
This law governs the sale of goods.
What is the UCC?
A term that is used to indicate part or all of a
business’s name and that is directly related to the business’s reputation and goodwill.
What is a trade name?
An amount, stipulated in the contract, that the
parties to a contract believe to be a reasonable estimation of the damages that will occur in the event of a breach.
What are liquidated damages?
The concept that corporations can and should act
ethically and be accountable to society for their actions.
What is Corporate Social Responsibility?
Prohibits unreasonable searches and seizures of persons or property.
What is the 4th amendment?
A common law rule under which a seller
was required to deliver to the buyer goods that conformed perfectly to the requirements stipulated in the sales contract.
What is the perfect tender rule?
This occurs when a trademark is used, without
authorization, in a way that diminishes the distinctive quality of the mark.
What is trademark dilution?
An equitable remedy requiring the breaching party to perform as promised under the contract.
What is specific performance?
How are ethics formed? (Identify 2)
What is laws, upbringing, companies, organizations, religion, etc.
Guarantees the accused in a criminal case the right to a speedy and public trial by an impartial jury and with counsel.
What is the 6th amendment?
A law that covers the sales contracts for goods priced at $500 or more
What is the Statute of Frauds?
A government grant that gives an inventor the exclusive right or privilege to make, use, or sell his or her invention for a limited time period.
What is a Patent?