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Commercial Law
Chapter 7 Vocab
12
Law
Graduate
10/07/2012

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Term
Legality of K
Definition
In conformance with the law; having legal purpose and legal subject matter
Term
Usury
Definition
charging a rate of interest that exceeds the rate permitted by law
Term
Legal Rate
Definition
the rate of interest that can be charged on the loan unless parties have contracted for a higher rate allowed under some other section of the NCGS.
Term
Doctrine of Divisibility
Definition
when the court removes an illegal portion of the contract and only enforces the legal part.
Term
Wagering
Definition
wagering law are illegal and the parties cannot sue; not an enforceable contract
Term
Sunday Closing (Blue Laws)
Definition
keeping stores closed on Sundays; alcohol sales after noon on Sundays.
Term
Unlicensed performance laws
Definition
lack of permits; unpermitted activities.

The person intended to be protected by a statute will be able to sue for damages.
Term
Public Policy
Definition
the principle that injury to the public good is a basis for denying certain rights.
Term
Restrictive Covenant
Definition
a private agreement which attempts to prevent one party from exercising a legal right
Term
A covenant not to compete
Definition
is a provision in the contract that restricts a party's ability to undertake a business activity that would conflict with the business of a former employer or a new employer or a new owner/purchaser of a business.
Term
Exculpatory Clauses
Definition
is a clause in a contract that limits a party's liability for a wrongful act.

Example: releases; not our fault if something happpens; parking garage; sporting events
Term
litigation support
Definition
companies hired to identify, collect, review, and preserve documents that law firms' clients may have on their pc, phones, electronic devices needed for a lawsuit.
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