CPCU 530 3

1. Quid pro quo - job admancement or security is conditioned on submission to sexual requests.

2. hostile environment - sexual conduct (jokes, ,comments, physical contact, or centerfold pinups) permeates the work environment to such an extent that it is oppressive.

It prohibits employers from discriminating against employees over the age of 40 and prohibits mandetory retirement at any age (except for executives with pensions over $44,000 per year and tenured college proessors over age 70). An employer may establish an age limit if age is a bonofice occupational qualification resonabl necessary to the business.

discriminatin by private employers and unions bassed on racve, color, religion, national origin or sex.

1. The diparate treatment theory - the employee must establish that the employer's acts were motivated (even in part) by the intent to discriminate.

2. The disparate impact theory - the employee must establish that apparently neutral employment practices have had a disportionate effect on a protected class.

Contracts involving fraud, material misrepresentation, concealment, undue influence, or duress are voidable.

To carry out the parties intention.

To make contrcts certain and definite

To prevent fraud and perjury.

Once the parties have set forth the terms of the contract in writing, courts will not allow parol (prior oral) evidence that contradicts the written agreement.

Insurance polices are contracts of adhesion since they are drafted by one party (the insurer) and presented to the other party (the insured) on a take it or leave it basis. Since the Insurer drafts the policy any way it wants, it has every chance to protect its interest. Thus reflecting their unequal barganing powers, the rules of strict construction is applied and every ambiguity is interpreted in favor of the insured.

1. Agreement - offer and acceptance

2. Contractual capacity - both insurer and the insured

3. VAluable consideration - protection and premium

4. Legal form - polices need not be in writing, although statutes dictate some standard policy forms and conditions.

5. Genuine Mutual Assent - polices founded on fraud, material misrepresentation, or concealment may be voidable.

Representations are statements of past or present facts mad before contract inception to induce the other party to contract or to secure more favorable contract terms.

It is material if it influences a party's

1. willingness to contract

2. acceptance of any terms

3. willingness to accept the amount of consideration (if the underwriter would decline coverage, charge a different rate, or offer different coverage terms had they known the truth, the representation is material.

note that any material misrepresentation, even if made in good faith, makes the policy voidable, if the insurers relied on the misrepresentation.

Affirmative warranties are statements of fact at or before contract inception.

Continuing (aka promissory) warranties are agreements to continue to create conditions or situations.

Implied warranties are implied by law to make transactions resonable and fair.

A statement is a warranty when

1. the parties intended it to be a warranty

2. it becomes part of the contract

When the misrepresentation was material.

When the misrepresentation is material.

It is an intellectual property interest that may only be obtained on an original work of authorship such as a book, music, or computer software. It is good for 50 years beyond the author's death.

It protects the interests of the copyright holder while permitting the fair use by others of copyrighted work for limited purposes such as teaching, research, criticism or commnent.

It protects an inventor's rights in his New, Useful, Nonobvious invention.

When the owner of property (a bailor) transfers possession fo the proprty to a holder (bailee) with the intention that the property will be returned.

1. donative intent to make a present gift.

2. delivery (either physical or contructive transfer) and

3. acceptance by the donee.