bus management

• a. offer
• b. acceptance
• c. consideration
• A promise may not be legally binding

a partys intention to enter into a legally binding agreement, or contract, is judged by outward. Facts include 1) what the party said when entering into the contract 2) how the party acted or appeared 3) the circumstances surrounding the transaction

• 1) Agreement
• 2) consideration
• 3) Contractual capacity
• 4) Legality

expressions of opinions, preliminary negotiations, agreements to agree a later day, advertisements

1) Identity of the parties 2) identity of the object or subject matter of the contract 3) consideration 4) time of payment or delivery

Executed, Executory, Void, Voidable, Unenforceable

a contract that has been completely performed by both parties

not yet fully performed

contact itself has no legal force (illegal purpose, underage)

otherwise valid contract thay MAY be legally avoided, canceled or annulled at the option of one of the parties

valid contract rendered unenforceably by some statute or law

• Unilateral = offer may only be accepted by offeree's performance ("I will give you $15 after you mow my lawn)
• Bilateral = promise for a promise ("I will deliver my car to you and you promise to pay me $15)

• Express = the terms are fully and explicitly agreed upon (orally or in witing)
• Implied-in-fact = contract formed in part or in whole by conduct of the parties

• Complete = when a party performs exactly as agreed, there is no question as to whether the contract has been performed
• Subtantial = a party who in good faith performs subtantially all of the terms of a contract

• Rescission: parties agree to cancel
• Novation: substituting new contract for ald (all parties must agree)
• Accord and Satisfaction: agreement between the parties to accept different performance than originally promised

• Objective: "it cant be done"
• Subjective: "I'm sorry, I simply cant do it"

• Compensatory damages: injuries or losses actually sustained
• Consequential damages: reasonably foreseeable indirect damages
• Punitive damages: designed to punish--usually only recoverable in contract law if there is a tort claim
• Nominal damages: damages awarded only when technical breach occurred and there are no actual damages

Provisions stating that no damages can be recovered

an item of property must be tangible and it must be movable

an expression of opinion by a seller or lessor that is not made as a representation of fact

the law derives by inference from the nature of the transaction or the relative situation or circumstances of the parties. "THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION ON TEH FACE HERE OF"

• Assault: intentional act creating reasonable apprehension of harmful or offensive contact
• Battery: intentional and harmful or offensive contact
• False imprisonment: intentional confinement of another without justification
• Infliction of Emotional Distress: act that is extreme and outrageous and causes severe emotional distress to another.

• a) consent to acts that cause damage
• b) self-defense
• c) defense of property
• d) defense or assistance of others
• e) necessity

• Libel: written
• Slander: spoken

a manufacturer's, seller's, or lessor's liability to consumers, users, and by standers for physical harm or property damage that is caused by the goods.

• - design of product
• - selection of materials
• - production process
• - assembly and testing
• - adequate warnings

liable regardless of intent or the exercise of reasonable care

• a) product defective when defendant sells it
• b) defendant in normal business of selling such product
• c) product is unreasonably dangerous because of defective condition
• d) palintiff suffers physical harm to self or property
• e) harm proximately caused by defective condition
• f) product not substantially changed between time sold and time of injury

• a) agreement (express or implied)
• b) ratification
• c) estoppel
• d) operation of law (family relationships, emergency situations)

• a) performance (reasonable diligence and skill)
• b) notification (keep principal informed)
• c) loyalty (agent must act solely for the benefit of princpal and all is confidential)
• d) obedience (agent must follow instructions from principal)
• e) accounting (agent must accunt for all mony)

• a) compensation
• b) reimbursement
• c) indemnification
• d) cooperation
• e) safe working conditions

• a) principal's own bad conduct
• b) bad conduct authorized by principal
• c) bad conduct committed within the scope of the agent's duties

• a) was the act authrized by principal
• b) time, place, and purpose of act
• c) was act commonly performed by agents for principals
• d) was principal's interest advanced
• e) were agent's interest involved
• f) whether principal furnished means or methods of tort act
• g) whether act involved serious crime