illegality and capacity

all criminal law is based on

statute

illegal contracts that are brought up in court

court will make them un-enforceable

never enforces them

illegal contracts violate

statute

regulatory license

meeting the state requirement for a certain profession with the right education and experience before they offer service to the public

what is the purpose of regulatory license

to protect consumer

lets say

you are doing a job that requires a license (being a doctor)

but you dont have the license

what will the courts think

this is un-enforceable (lowkey illegal)

scenario

• A is not a dentist but has an instagram account to market themselves to give fake braces

• A is offered 1000 to do braces on B

• A accepts and puts braces on B…somehow

the courts will

make this un-enforceable, B can sue A (consumer protection)

revenue generating license

• is a test or any experience needed

no its just a license to own a business

A contract made by an unlicensed person (revenue generating license)

is it enforceable

generally yes

A contract made in violation of a revenue license

is usually enforceable

what is the exception of non-competition contract

when its part of agreement of selling business

non-competition clause must be _____ in order for it to be enforced

reasonable time, geographic scope, and activity

scenario

• contract states that it wants to restrict a business for competition purposes forever

what is the issue with this

the time frame is unreasonable so this is unenforceable

in california, what do they say about non-competition

its not enforceable in california

employment agreement

contract where employee does not compete with employer

exculpatory clause

relieves one party liability of other party injury even if they were negligent

exculpatory clause

tow party validity is

courts decide if it was based on necessity or not

scenario

• Patient comes to ER for allergic reaction attack and they cant breathe

• the hospital is trying to make the patient sign a waiver (exculpatory) that they are fully responsible during the medical procedure

what will the courts think

that waiver is not enforceable since this is necessary to help the patient to not die

who is not capable of making contract

minors

mental disable

extremely intoxicated person

minors disaffirm a contract

what does disaffirm mean

they can void a contract (make it undone)

what would make a minor unable to disaffirm from contract

ratifying the contract after a reasonable time they turn 18

t or f

some states will not let a minor disaffirm if they lied about their age

true like texas if fraud is involved

can a minor disaffirm student loan debt

no because statute prevents that

necessaries with minors

• why is this an exception to disaffirm

it is things that are essential for minors like food, clothing, shelter,

scenario

• a minor gets a vaccine shot

can a minor disaffirm

no this was a necessary

what is a

warranty

promises that the good is going to be a certain way the seller is describing to the buyer

“this is the best mercedes in the world”

would a buyer sue the seller for saying this because the buyer ends up not thinking the statement is true

this is an opinion it does not create warranty

warranty of title

given when you sell something

you dont have to say anything

going inside a warehouse and picking bulk of goods is

sample

if i had one item specially made in a warehouse

model

implied warranty

imposed by the UCC

merchantability

fit for the purpose of ordinary use

pep boys sell tires and candy

what are they a merchant for

tires

disclaimer

reducing warranties and warrant liability

what word is needed to get rid of merchantability implied warrant

sentences must be clear and HAVE merchantability

to get rid of fitness for pp do you need to have the words of fitness for particular…

no but make it clear and conspicuous

SOLD AS IS

does it get rid of

a. express

b. implied

c. title

implied warranty ONLY

what to do to disclaim express warranty

no requirement just do it

consequential damages

damages that flow of consequence of breach

no court enforces this

privity

contractual relationship

manufacturer makes product

product sold to seller

seller sold product to buyer

buyer suffers injuries from product

who will buyer sue in privity

buyer sues retailer

retailer sue manufacture

in california

anyone that is hurt as a result of ___ of warraty can claim personal injury

defective product

product liability

negligence by manufacturer product

negligence design

must be free of unreasonable risk

• if one product is defective, all of them is most likely as well

negligent manufacture

production defect

• product they built was wrong and could be dangerous

fail to warn aka instruction

did they foresee the ways the product would be misused and then warn people to not misuse it in a certain way

• hair dryer has a warnig label n wire to not put it in water

what is this an example of

instruction/warning

proof of strict liability

must be in

business selling product

proof of strict liability

must have ___ in product

defect like label design and manufacture defect

proof of strict liability

the product has gotten to the ___ unchanged

consumer

constitutional standard

lawyers pick a case and if people dont like how govt is passing laws they need to vote

rotational basis

legitimate reason to pass a law

strict scrutiny

compelling reason to discriminate

• defend minority

• likely hood to never pass

intermediate scrutiny

gender discrimination

-hard to pass

• law must serve govt purpose and be related to achieving said purpose