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Definition
| Revised to provide coverage of contracts dealing with electronic license and data processing |
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Definition
| an exchange of oral or written promises between parties, which are enforceable in the court of law |
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| One that is established by the conduct of a party rather than by the party's written or spoken words |
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| Fox v. Mountain West Electric |
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Definition
| Expressed contract: in favor of MWE |
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Definition
| an exchange of a promise for an act |
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| exchange of one promise for another promise |
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| Completion of all the terms of the contract |
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Definition
| Completion of nearly all the terms of the contract plus an honest effort to complete the rest of the terms coupled with no willful departure from any of the terms. |
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Definition
| Plante claims he substantially completed a task: in favor of Plante |
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| If the goods or tender of delivery fail to conform to the contract in any respect, the buyer has what three options? |
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Definition
1)reject all goods
2)accept all that are tendered
3)accept any number of the units and reject the rest |
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Term
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Definition
| a particular event that must take place to give rise to a duty of performance of a contract |
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Term
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Definition
| a particular event that must take place to give rise to a duty of performance of a contract |
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Term
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Definition
| a particular event that, when following the execution of a contract, terminates it |
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| Impossibility of performance |
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Definition
| situation in which the party cannot legally or physically perform the contract. |
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Term
| Commercial impracticality |
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Definition
| situation that makes performance of a contract unreasonably expensive, injurious, or costly to a party |
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Term
| What 4 things must a business person consider before filing a lawsuit? |
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Definition
1) the likelihood of a suit's succeeding
2)whether they wish to maintain a business relationship with the breaching party
3)the possibility of arbitrating the dispute through a third party, thus avoiding litigation
4)the cost of arbitration or litigation as opposed to the revenues to be gained from enforcing the contract |
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Term
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Definition
| dollar sums awarded for a breach of contract; "legal" remedies |
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Term
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Definition
| monetary damages awarded for a breach of contract that results in higher costs or lost profits for the injured party; to put the plaintiff in the position he or she would have been in had the tort never occurred |
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| What three standards must the plaintiff-buyer meet to recoup lost profits? |
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Definition
1) show that it was reasonably foreseen by the defendant-seller that if he or she did not deliver the promised goods, the buyer would have no alternative source
2)show the amount of damages with reasonable certainty
3)show that he or she did everything possible to mitigate damage |
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Term
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Definition
| monetary damages awarded in excess of compensatory damages for the sole purpose of deferring similar conduct in the future; to punish the defendant |
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Term
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Definition
| monetary damages of a very small amount awarded to a party that is injured by a breach of contract but cannot show real damages; to recognize that the plaintiff was wronged |
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Term
| Shirley Parker v. 20th Cen. Fox |
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Definition
| Compensatory damages; in favor of parker |
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Term
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Definition
| monetary damages for non-performance that are stipulated in a clause in the contract |
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Term
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Definition
nonmonetary damages awarded for breach of contract when monetary damages would be inadequate or impracticable
NOTE: equitable remedies include rescission, reformation, specific performance, and injunction |
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Definition
| cancellation of a contract |
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Term
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Definition
| correction of terms in an agreement so that they reflect the true understanding of the parties |
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Definition
| temporary or permanent court order preventing a party to a contract from doing something |
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Term
| Tort cases are commonly referred to as... |
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Definition
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Term
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Definition
| a civil wrong that involves taking some purposeful action that the defendant knew |
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Definition
| a civil wrong that involves a failure to meet the standard of care a reasonable person would meet and harm to another results |
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Term
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Definition
| a civil wrong that involves taking action that is so inherently dangerous under the circumstances of its performance that no amount of due care can make it safe |
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Definition
| intentional placing of a person in fear or apprehension of an immediate, offensive bodily contract |
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Definition
| Intentional, unwanted, and offensive bodily contact |
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Term
| What is the most common defense to a battery? |
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Definition
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Definition
| intentional publication of a false statement that is harmful to the plaintiff's rep |
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Definition
| publication of a defamatory statement in permanent form |
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Definition
| Spoken defamatory statement |
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Definition
| the right t make any statement, true or false, about someone and not be held liable for defamation |
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Term
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Definition
| the right to make a false statement about someone and not be held liable for defamation provided the statement was made without malice |
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Term
| What are the two primary types of defenses to defamation? |
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Definition
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| Public disclosure of private |
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Definition
| a privacy tort that consists of unwarranted disclosure of a private fact about a person |
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Definition
| a privacy tort that consists of using a person's name or likeness for commercial gain without his/her permission |
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Definition
| a privacy tort that consists of encroaching on the solitude, seclusion, or personal affairs of someone who has the right to expect privacy |
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Definition
| the intentional restraint or confinement of a person against that person's will and without justification |
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Term
| Intentional infliction of emotional distress |
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Definition
| intentionally engaging in outrageous conduct that is likely to cause extreme emotional pain to the person |
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Term
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Definition
| intentionally entering the land of another or putting an object on the land without permission |
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Definition
| intentionally excision dominion and control over another's personal property |
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Definition
| intentional permanent removal of property from the rightful owner's possession and control |
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Definition
| intentionally defaming a business product or service |
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Term
| What are "veggie libels" or "banana bills"? |
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Definition
| laws that provide ranchers and farmers a cause of action when someone spreads false information about the safety of a food product |
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Term
| Intentional interference with a contract |
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Definition
| knowingly and successfully taking action for the purpose of enticing a third party to breach a valid contract with the plaintiff |
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Term
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Definition
| entering into business for the sole purpose of causing a loss of business to another firm |
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Term
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Definition
| Use of an unsolicited idea for a product, service, or marketing method without compensating the originator of the ideas |
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Term
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Definition
| legal doctrine that allows a judge or jury to infer negligence on the basis of the fact that accidents of the type that happen to the plaintiff generally do not occur in the absence of negligence on the part of someone in the defendant's position |
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Term
| To establish res ipsa loquitur, what does the plaintiff need to demonstrate? |
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Definition
1) the event was of a kind that ordinarily does not occur in the absence of negligence
2)Other responsible causes, including the conduct of third parties and the plaintiff, have been sufficiently eliminated
3)the indicated negligence is within the scope of the defendant's duty to the plaintiff |
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Term
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Definition
| Legal doctrine that says when a statue has been enacted to prevent a certain type of harm and the defendant violates that statue, causing that type of harm to befall the plaintiff, the plaintiff may use proof of the violation as proof of negligence |
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Term
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Definition
| a defense to negligence that consists of proving that the plaintiff did not exercise the ordinary degree of care to protect against an unreasonable risk of harm |
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Term
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Definition
| a defense that allocates recovery based on percentage of fault; available in either pure or modified form |
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Term
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Definition
| a defense to negligence based on showing that the plaintiff voluntarily and unreasonably encountered a known risk and that the harm that the plaintiff suffered was the harm that was risked |
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Term
| What was the early problem with using negligence to recover for an injury caused by a defect? |
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Definition
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Term
| What do most of the negligence based product liability actions result from? |
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Definition
| a failure to warn or inadequate warning |
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Term
| What are a few common negligent actions that lead to product liability cases? |
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Definition
-Negligent failure to warn
-Negligent provision of an inadequate warning
-Negligent design
-Negligent manufacture
-Negligent testing or failure to test
-Negligent advertising |
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Term
| Who has the duty of providing adequate warnings to physicians? |
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Definition
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Term
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Definition
| designing a defective product; plaintiff must prove that (1) product is inherently dangerous, (2) contains insufficient safety devices or (3) consists of materials that do not satisfy standards acceptable in the trade |
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Term
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Definition
| violation of a statutory duty |
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Term
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Definition
| a statue that bars actions arising more than a specified number of years after the cause of the action arises |
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Term
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Definition
| a statue that bars actions arising more than a specified number of years after the product was purchased |
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Term
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Definition
| a product liability defense based on adherence to existing technologically feasible standards at the time product was manufactured |
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Term
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Definition
| a guarantee or binding promise that goods meed certain standards |
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Term
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Definition
| warranty that is clearly stated by the seller or manufacturer |
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Term
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Definition
| a warranty that automatically arises out of the transaction |
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Term
| Implied warranty of merchantability |
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Definition
| a warranty that a good is reasonably fit for ordinary use |
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Term
| To meet the standard of merchantability, goods must reach six requirements... |
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Definition
-must pass without objection in the trade under the contract description
-must be of fair or average quality
-must be fit for the ordinary purpose for which it is used
-must run, with variations permitted by agreement, of even kind, quality, and quantity
-must be adequately contained, packaged, and labeled
-must conform to any affirmations or promises made on the label |
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Term
| Williams v. Braum Ice Cream |
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Definition
| Plaintiff finds cherry core in ice cream and chips tooth;"implied warranty"; in favor of Williams |
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Term
| Implied warranty of fitness for a particular purpose |
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Definition
| a warranty that arises when the seller tells the consumer a good is fit for a specific use |
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Term
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Definition
| disavowal of liability for breach of warranty by the manufacturer or seller of a good in advance of the sale of a good |
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Term
| Welge v. Planters' lifesavers co. |
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Definition
| Welge is injured with cuts after trying to shut a glass jar of peanuts... a coupon was cut from the glass, thus weakening it; succeeding in strict liability action; in favor of Welge |
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Term
| To succeed in strict liability action... |
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Definition
1)the product was defective when sold
2)the defective condition rendered the product unreasonably dangerous
3)the product was the cause of injury |
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Term
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Definition
| the theory of recovery in liability cases according to which damages are apportioned among all the manufacturers of a product based on their market share at the time of the plaintiff's cause of action arose |
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Term
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Definition
| Service liability suits brought against professionals, usually based on a theory of negligence, breach of contract, or fraud |
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Term
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Definition
| rule making accountants liable only to those in a privity of contract relationship with the accountant |
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Term
| When a manufacturer is located in a foreign country, who does the plaintiff often sue? |
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Definition
| The retailer and wholesaler |
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Term
| What is the first and oldest rule used by states to define the parameters of accountant's liability? |
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Definition
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