Review for Midterm
Popular in business law 1
Popular in Law
This 5 page Study Guide was uploaded by Dominique Marinelli on Friday October 9, 2015. The Study Guide belongs to law 101 at Pace University taught by barnet in Summer 2015. Since its upload, it has received 74 views. For similar materials see business law 1 in Law at Pace University.
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Date Created: 10/09/15
Review for Midterm 10915 335 PM Fraud 0 Making of a false statement of a past or existing fact with 1 knowledge of its falsity or with reckless indifference as to its truth 2 the intent that the listener rely on it 3 the result that the listener does so rely 4 and the consequence that the listener is harmed 0 can be a tort statements of opinion aren t fraud Torts noncriminal 3 types 1 intentional substantial certainty 2 negligence breach of standard of care 3 strict liability liability without fault most commongt negligence Intentional torts 0 False Imprisonment o Intentional detention without consent 0 Shopkeeper s Privilege permits detention for reasonable time with suspicion Intentional Infliction of Emotional Distress o Outrageous conduct 0 Example officials tell you your parents died in a plane crash Next day parents walk in o Invasion of Privacy 0 Intrusion into private affairs 0 Example Tiger Woods yacht Defamation o Untrue statement published to a third party that damages a person s interest 0 Slandergt oral defamation o Libelgt written photo broadcast internet Wrongful Interference with Contracts 0 3rd party interferes with a contract between B and C causing 0 either B or C to break the contract 0 Example Disney NY post case Shop Keeper s Privilege right of owner to detain suspect in a quiterespectful way Misdemeanor Criminal offense 0 punishable by a fine or less than year in prison that is neither treason or felony Constitutional law is the body of law which defines the relationship of different entities within a state namely the executive the legislature and the judiciary Minority Minors can disaffirm most contracts 0 When a minor does disaffirm a contract for a necessary the minor must pay the reasonable value of any benefit received Minors only are liable for their contracts 0 Minor can wave their right and have a court order Contracts Pledging to a charity is as binding as a contract 0 A promise without consideration does not create a enforceable contract 0 Consideration promise or performance that the promisor demands as the price of the promise Example William agreed to pay his nephew 50000 if he refrained from drinking and gambling until he was 21 years old The consideration here consists of a forbearance of a legal right 0 Moral obligation is not consideration Express vs Implied Contracts 0 Express Contract agreement of the parties to manifested by their words whether spoken or written 0 Implied Contract contract expressed by conduct or implied or deduced from the facts 0 Example when you get coffee at Starbucks you are expected to pay for it Quasi Contract 0 an equity rule 0 Unjust for a person to receive a benefit and not pay for it 0 Example a painter paints the wrong house and you are aware and didn t stop them Common law is derived from English Common Law 0 Common Law Crimes o Larceny Robbery Burglary Arson Riots and civil disorders 0000 Common Law v Sales Law Contracts 0 Common law contracts must be written clearly 0 Sale of goods contracts must include 1 Sale of goods is movable personal property 2 Quantity Advertisements are not offers Racketeer Influenced and Corrupt Organizations RICO law 0 Refers to the prosecution and defense of individuals who engage in organized crime 0 an effort to combat Mafia groups 10915 335 PM 10915 335 PM
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