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This 9 page Study Guide was uploaded by Emely Curvelo on Wednesday November 11, 2015. The Study Guide belongs to Law 101 at Pace University taught by Adrian Armstrong in Summer 2015. Since its upload, it has received 100 views. For similar materials see Business Law 1 in Law at Pace University.
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Date Created: 11/11/15
LAW 101 Chapter 9 TONS 11415 831AM Torts A civil wrong 9 Someone wronged you privately 9 person or property Intentional Intentional conduct Desires to cause something Negligence Failing to act in a reasonable state of mind manner Strict liability Imposes liability without regard that there was any intent to harm Intentional Torts 6 types 9 Elements must be proven by preponderance of the evidence liability and damages LLAssault Prove that there was Intentional conduct Imminent threat of harm fear A person put someone else in fear Must be aware that they are in harm Physical injury is not necessary 2 Battery Unreasonable touching of a person Must prove that there was Intentional conduct Touching without consent harmful Direct physical contact is not necessary Culpable Responsible blame worthy Crime A public wrong 9 against society Punished by the Gov Q Can a person be culpable of assault but not battery Q Can a person be culpable of battery but not assault Q Can a person be culpable of assault AND battery 3Ealse Imprisonment Intentional detention of a person without their consent Shopkeepers Privilege Permits store owner to detain a suspected shoplifter based on reasonable suspicion for a reasonable time without resulting liability for false imprisonment to the accused customer a Reasonable manner b Reasonable cause gt Must Prove ALL 3 c Reasonable time 4 Intentional ijjjvctiglofnEmotional Distress Engage in intentional conduct that is outrageous and causes mental anguish 5 Defamation Untrue statement directed at a person publication damages elements Slander Spoken defamation Libel Written or broadcast defamation Q If a person gives an opinion about another is that consider defamation A NO 6 Malice Knowledge that the statement was false and reckless in difference to the truth LAW 101 Chapter Contracts 114158231 AM Elements to prove there is a Valid Contract 1 Agreement There was an offer and accepted offer 2 Competent Parties Must have contractual compacity 9 They understand they are entering into a contract 9 They understand the general terms of the agreement 3 Genuine accent No one forced you to enter the contract 4 Consideration 5 Lawful Purpose 6 Proper Form If it needed to be in writing it was in writing Valid Contract A contract that is enforceable binding Offeror Party that makes an offer Offeree Person who the offer was made to Have the right to accept or reject the offer Classification of Contracts 1 Express Written or oral contract expressed by words 2 Implied Contract that is inferred 9 based on the conduct of the party Example Hair Salon Volunteer work gt any type of service 3 Option Party has the right to enter into a second contract at a later day 4 Right of lst Refusal Imposes only the duty to make 5 Quasi K Not quite a contract because all elements have not been made Unjust enrichment Executory Something still has to be done by one or both parties not completed Executed All parties have fulfill their obligations contract is complete Bilateral Exchange of Promises btw the offeror and the offeree Bi 2 Unilateral Only ONE promise is made by a party the other party performs a reward Uni 1 Contracts can be 1 Voidable Agreement that is otherwise binding and enforceable but may be rejected at the option if one of the parties as the result of specific circumstances 2 Valid Agreement that is binding and enforceable 3 Void Agreement that cannot be enforces 9 Contemplated a crime or a tort Q Can a 17 year old enter a contract A Yes but the contract is considered VOIDABLE LAW lOl Chapter 13 Agreement 11415 831am Offer Manifestation of a person entering into a contract Jest Joking Pcet39kmmaog Negotkattoo Requirement Contracts Buys all requirements of the buyer from the seller Output Contracts Sellers are required to sell their entire production to the buyers Focuses on the seller How does the buyer reach Terminating an offer 1 Revocation Comes before the acceptance A Direct Revocation must be COMMUNICATED by the offeror and RECEIVED by the offeree B Indirect The offeror revokes it but the offeree does not know and finds out through someone else third party 2 Rejection The offeree rejects terminates the offer 3 Counter Offer The offeree accepts but changes the terms of the offer 0 Mirror Image Rule The acceptance terms must be the same as what the offer 0 If you make any changes we do not have an agreement we have a counter offer Once you make a counter offer the other offer has been terminated 4 Lapse of Time Example Offeror sends a letter to the offeree on 41 Offeree receives it on 44 Accepts the offer on 410 a If the offeror doesn t specify the time offer is valid from the time the letter was written41 in the letter then we do not have an agreement and the offer is still valid from the time the offeree receives the letter 44 5 Death or Disability If a person dies before the offer is accepted then they take the offer with them 6 Subsequent Illegality When an offer is made and before the acceptance the offer becomes illegal the offer cannot be accepted offer becomes terminated IF there s an acceptance is made BEFORE the terms of the offer become illegal then there IS an agreement Implied contract Inferred NOT WRITTERN OR ORAL Example 1 Plumber goes to the home to do work and its implied that you will pay him 2 Going to the salon its implied that you will pay for the service Difference btw VOID and VOIDABLE contract 0 Void Contemplates a crime or tort o Voidable contract that may not be enforce by one of the parties What makes a contract valid 0 All elements must be proven 1 Agreement Component parties Genuine Sent Lawful Purpose Considiration Proper Form P WF WEquot Executed vs Executory Contracts Executed All parites fulfill their part of the contract Executory Something still has to be done by one of the parties Example 1 Selling of a car It was paid but has not been given the title to the other person Option vs Right to first refusal Option Person has the right to a second contract at a later day 0 Right of lst Refusal When the offeree gets the right to refuse the offer first Bilateral vs Unilateral o Bilateral Promise for a promise Example If you perform at Lincoln Center I will pay you 10k Unilateral Only one promise is made in exchange of performance performance comes first Q If there s no AGREEMENT btw the parties A and B can a party sue successfully to be compensated Party A performs but party B does not A Party A CAN T sure for reach of contract but CAN sue for Quasi Contract there was a missing element Q Is it better to sue for Quasi K or Reach of contract in a RECOVERY A o In a Reach of Contract you are entitled for everything Quasi K You are only entitled only part of money Preliminary Negotiation Offer has to be definite Example Professor who gets an offer to teach next semester Output vs Requirement Contract Output Focuses on the producer Producer EVERYTHING will go to the buyer How will the buyer reach the contract If they don t buy everything How does an offeree accept a unilaterally contract 0 By performing How the an offeree accept a bilateral contract 0 By making a promise Mailbox rule The acceptance is Doesn t apply to emails 0 Once an acceptance is made and sent through the mail there IS still an agreement Rejection The rejection is affective until it is received Equivocal vs Unequivocal Q Can the offeree accept an offer indirectly through a third party A NO the acceptance has to be made directly to the offeror unless otherwise notified Auction 1 With reserve the seller retains the right to refuse the highest bid and withdraws the goods from sells 0 the bidder is the offeror the owner is the offeree 2 Without reserve The seller expressly gives their right to withdraw from the sell and MUST accept the highest bid 0 the true owner is the offeror the bidder is the offeree LAW 101 Chapter 142 Competent Parties 11415 831am Contractual capacity 1 Party understand that you are entering into a contract 2 Understand the GENERAL terms of the contract Someone can lack contractual capacity based on their status Minors Under 18 Lack contractual capacity but can enter into a contract will be VOIDABLE they can get out of the contract Disaffirm They can cancel the contract before the reaching the age of majority or after a reasonable time Necessaries Minor enters a contract for necessary circumstances They are RESPONSIBLE for the time they were into the contract Affirm After a lapse of reasonable time the contract is RATIFIED APPROVED and cannot be voidable Contracts that Minors CANNOT get out of 1 Emancipation Minor that divorces their parents Parents are NO LONGER responsible for the child 2 Educational loans 3 Business contracts Minors who have the own business and enter into contracts related to that business 4 Cosigner Even if the minor disaffirms the co signer is still responsible Obligations are not discharged until they have paid everything
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