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Burden of proof
- breeching of contract
- evidence: +50%
- both sides can request a jury
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Criminal Law
- higher burden of proof
- government brings charge
- federal punishment is harsher than state
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Employment Law
- can't fire someone because of:
- race
- religion
- national origin
- sex
- color
- age
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Statute of Limitations
- governs on how long you can sue somebody
- neglect (3 years)
- breech of contract (6 years)
- no limit on murders
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Family Law
- never get a jury
- they give you a lawyer if you can't afford one
- can pursue you in criminal court
- below 14 can be charged as an adult
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Plaintiff
brings up the law suit
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Defendent
person being sued
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Contract
voluntary agreement which is binding upon the parties
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Offeror
person who makes the offer
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Offeree
person whom the offer is made
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Express Contracts
- 95%
- parties agree to specific terms
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Implied Contracts
look at the behavior to see if there is an agreement
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Executed Contracts
all the requirements of the contract have been done
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Executory
all the requirements have not been concluded
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Unilateral Contract
- offeror will do something when the offeree does their part
- only accepted by performance
- must give a certain amount of time to react
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Bilateral Contract
- most contracts
- looking for a promise
- promise for a promise
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Quasi Contract
- end up with a fair result
- implied by the law, avoid unjust enrichment
- they have to know they aren't entitled to
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Parts of a contract
- offer
- acceptance
- consideration
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Offer
- reflects a party present intention to enter into a contract
- reasonable standard
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Illusory Promises
- not an offer
- haven't agreed to anything
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Will
- not a contract
- must communicate to the offeree about an offer
- offeror is the master of the offer
- only accept an offer you're aware of
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How to end an offer
- offeree rejects offer
- counter-offer
- changes a term
- death
- lapse of time
- if it becomes illegal
- revoked- until accepted
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Option Contracts
pay now for an act later on
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Damages
when someone breeches a contract
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Valid Contract
can be enforced by either party
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Void Contract
cannot be enforced by either party
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Voidable Contract
one party has a right to get out of the contract if they want to
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Bankruptcy
can affect a contract
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Not affected by bankruptcy
- can't touch your retirement plan
- owing money to your spouse
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Acceptance
offeree agrees to take the offer from the offeror
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Silence
cannot be accepted
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Manner of acceptance
offeror can set conditions of the contract
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Mailbox Rule
- offeree
- as soon as you agree its done
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Consideration
- a thing of value given in exchange for a promise
- both parties must take on a burden
- has to be legal
- if you give an engagement ring, can get it back
- what you did in the past cannot be consideration
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Contract Modification
change the terms of the contract
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Promissory Estoppel
(need all 4)
- must be a promise
- must expect the person you make the promise to rely on
- the person must have acted
- would be unfair not to enforce the promise
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Defenses to a contract
- Age: don't have the ability to bind themselves to a contract
- 21: child support
- parents responsible for actions for kids under 18
- contracts by minors are voidable
- Mental Capacity: if you lack ability, it is not binded
- depends when you enter the contract
- court determines whether you have the capacity
Intoxication: voidable if drunk
- Mutual Mistake: both parties must be wrong about a material part of the contract
- value of something isn't part of the mutual mistake
- Fraud: misrepresentation of a material fact
- -must prove
- -must prove the listener relied on it
- -listener was harmend
Physical Duress: if a contract is completely unfair, court will not force it
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Disaffermence
when a minor gets out of a contract
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Ratification
entered a contract when you were a minor then become legal, you're bound to the contract
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Judicially declared incompitent
someone determined by the court to lack the ability to enter into a contract
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Guardians
- someone who makes decisions for you if you can't
- medical decisions and money too
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Auctions
can set reserved price (lowest price receiving)
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Undue Influence
someone user their influence on someone unfairly
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Userious
charge someone an illegal amount of interest
- private loans: no more than 16%
- credit card: 25%
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Lottery Tickets
must be ran by state
- there must be:
- -a prize
- -consideration
- -chance at winning
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Malum Pre Se
a clearly wrong contract
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Mallum Prohieitum
- cannot be enforced because its against the law
- its a defense
- it is void
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In Pari Delicto
both parties are guilty because its illegal
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If you don't have a license
- you don't have to pay
- if you knew about it, you have to pay
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Convenant
- not to compete
- promise by one party to refrain from conducting business similar to another party's business for a certain period of time within a certain geographic region
- must be a reasonable amount of time
- must be a reasonable geographic area
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Power of attorny
written document by which one person gives another person the authority to act
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Principle
gives the power
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Agent/Attorney in fact
receives the power
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Exculpatory Clause
contractional prevision that relieves one or two parties to a contract from tort liability of ordinary negligence
- Exceptions:
- landlords
- caterers
- public garages
- gyms
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Compensatory Damages
designed to compensate
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Punitive Damages
designed to punish you and other from doing it
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Statute of Limitations
defense to a contract
- 3 things must be present:
- -if contract is in writing
- -if writing contains all the important facts
- -signed by the party
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M
Y
L
E
G
S
- Marriage
- Year
- Land
- Executor in a will
- Goods
- Surrety
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Marriage (fraud)
- prenuptial agreement:
- -defines each parties ownership rights and the others properties
- -signed by rich people
- -both parties must represented by lawyers
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Year (fraud)
if its over a year, governed by the statute of fraud
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Land (fraud)
- contracts involving the sale of real property or the lease of property, governed by the statute of fraud
- if it involves land, doesn't matter the amount of time
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Contingency
condition in a contract that must be met to by one of the parties (buy house if sold house)
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Executor (fraud)
- wills
- in charge of giving out your property from your will
- a promise by the executor to pay any of the debts of the estate
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Goods (fraud)
sale of goods over $500
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Surrety (fraud)
- someone primarily liable for the debt of another
- no price limitations
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Partial Performance
takes out of statute of frauds to the extent that the contract was performed
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Assignments of a contract
when a party transfers the rights under the contract
- not vaild if they increase the burden on the other party of the contract
- assignment must occur after the contract has been signed
- assignee can't be in a better position than the assignor
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Assignor
transfers their rights
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Assignee
personal who receives the transfer
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Promisor
making the promise
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Promisee
receiving the promise
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Delegation of a contact
- transferring your obligation under the contract
- transferring your duty to another party
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Delagator
transfers the obligation
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Delagatee
takes on the obligation
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Parol Evidence
- only applies to written contracts
- bans any oral or written words outside the written document
if contract is complete, nothing before matters
designed to give you certainty
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Exceptions to the parol evidence rule
- if its void, its admissible
- if it shows fraud/duress
- to explain unclear language in the contract
- to correct typographical error
- prove a contract modification that occurred after the making of the contract
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Liquidated Damages
- when parties enter a contract, they agree on what the damages will be
- based on certainty
- delivery with goods
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Mitigation of damages
requires people to take responsibility to limit their damages
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Specific Performance
- enter into a contract, one party breaches it, you want specific item not the money
- applies to unique items
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Title 7
- can't discriminate because of:
- age
- race
- color
- gender
- national origin
- religion
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Disparate Treatment
employer treats someone less favorable because of race/religion
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Disparate Impact
when you don't discriminate on purpose
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