BUS 210 Exam 3

Abusive Litigation

Legal actions initiated without a reasonable basis in law or fact

Comparative Negligence

damages appointed based on percentage of fault

Contract

a legally enforceable agreement

Duress

a threat if one does not agree to a contract

Equal Knowledge

an defense to a premises liability claim that says the plaintiff was provided with equal knowledge of the hazard 

Express Terms

The terms laid out within a contract such as the parties, the subject matter, and the consideration.

False Imprisonment

when a shopper is detained without authority or reason

Shopkeeper’s Privilege

Protects Shopkeepers from False Imprisonment Liability - requires reasonable grounds, reasonable manner, and reasonable time.

Implied In Law Contract

aka Quasi Contract… goal is to prevent undue enrichment 

Inferior Performance

when a party fails to perform their contractual obligations and essentially destroys the essence and grounds of the agreement. 

Integration

the combination of several writings/disccussions to form a contract in order to comply with the Statute of Frauds.

Lawful Object

says the purpose or subject matter of a contract must be legal and not against public policy

Malicious Prosecution

a second lawsuit when the original defendant sues the original plaintiff

Merger Clause

Says the all relevant agreements and understandings of the parties are included within this document to prevent parol evidence from coming in. 

Mutual Assent

a meeting of the minds to perform current or future contractual duties 

Parol Evidence Rule

says the parol evidence (evidence of discussions or understandings outside of a contract) cannot be used to change a contract

Promissory Estoppel

about fairness not the law - says oral contracts can be enforced under these conditions:

1. there is a promise

2. that one could reasonably inferred would be relied upon

3. reliance occurs

4. and the promise is not enforced and injustice occurs.

Proximate Cause

determines whether a damage was a foreseeable cause of the defendant's actions - helps determine negligence 

Reform

permits the court to rewrite a contract according to the parties true intentions 

Rescind

to put the parties back in the position they started in 

Revoke

to take an offer back before it is agree to 

Superior Knowledge

when a party knows about a material fact or danger that is not known by the other party and would not be reasonably obvious to them

Superseding/Intervening Cause 

an event that the defendant is not responsible for therefore the defendant should not be held liable for damages caused by the superseding event 

False Imprisonment Elements

• Intentional detention

• without authority

ELements of Fraud

• false representation 

• of a material fact

• with the intent to deceive 

• and the knowledge that someone would rely on that fact 

• resulting in injustice 

Negligence Elements

• Duty 

• Breach 

• Injury 

• Actual Cause 

• Proximate Cause

Defenses to a premises liability claim

• equal knowledge 

• obvious and open hazard 

Elements of an Enforceable Contract

• Agreement  

• Consideration 

• Capacity

• Lawful Object

Requirements for an Offer

• mutual assent 

• voluntary acceptance  

Ways to Terminate an Offer

• Revoke it 

• Give a Counter Offer

• Reject it 

Elements of Promissory Estoppel

• a promise 

• reasonable knowledge that someone would rely on said promise 

• reliance

• promise not enforce and injustice occurs

Exceptions to the Statute of Frauds

• promissory estoppel

• partial performance

Levels of a Breach of Contract

• Complete 

• Substansial 

• Inferior