Shared Flashcard Set

Details

Kontracts
Final
25
Law
Professional
09/01/2012

Additional Law Flashcards

 


 

Cards

Term
What is Common Law?
Definition
- Judge/Court made law
- Case opinions
- Stare Decisis
Term
Stare Decisis
Definition
- Already decided
Term
What is a Restatement?
Definition
- Summary of CL divided into areas
- Not a statute
- Not binding
Term
Rest 2d of contracts
Definition
Highly influential setting out principles of contract law
Term
Uniform Commercial Code (UCC)
Definition
- Model statute covers sales of goods
- ALI
Term
Legal definition of contract
Definition
Promise/promises, for breach that law provides a remedy/performance as a duty.

Exchange relationship:
Between two/more parties
At least one promise
Recognized as enforceable by law
Not all must be in writing
Term
Define specific performance
Definition
Term
Define expectation damages
Definition
Term
EXPECTATION DAMAGES
Definition
Damages to compensate the injured party for the breach
*Awards money to place plaintiff in the same position as if the contract had been performed
*The difference between the substitute transaction and contract price and any out of pocket costs
Term
in dicta
Definition
Discussing an related issue not related to the rule of the case
Term
Pacta sunt servanda
Definition
Agreements must be kept
Term
Corpus Juris Civilis
Definition
Roman Civil Code the root of civil law
Term
ratio decidendi
Definition
The Holding, the reason of the decision
Term
Obiter dictum
Definition
Said in passing,persuasive force but not law
Term
UCC Article 2
Definition
- Sale of goods
Term
UCC Article 1
Definition
- General provisions
Term
Restatement, Second
Definition
- Not a statute, not binding on state
- A secondary authority
- Highly influential text that sets out principles of contracts law
Term
Primary authority
Definition
- Court decisions
Term
Secondary authority
Definition
- Not binding
- Can influence, persuade court
Term
UNIDROIT Principle
Definition
- Principles of International Commercial Contracts
- Updated 2004
- Compilation of transnational laws
- Not binding
Term
CISG
Definition
- UN Convention on Contracts for the International Sale of Goods
- Treaty
Term
Sale
Definition
- (2-106(1))
- that of title to Goods passes from B to S for $
Term
Goods
Definition
- (2-105(1))
All things movable
Term
Merchant v. Non-merchant
Definition
- (2-104(1))
- One who regularly deals in goods
Term
Assentio Mentium
Definition
- Meeting of the Mind
- Assent Assent
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