OSHA Regulatory Compliance

Governmental rule prescribing conduct and carrying a penalty for violation

Law

The ability of a the government to make and enforce laws for the benefit of its people

Police power

The principle that the decision of a higher court should serve as a guide or precedent and control that decision of a similar case in the future

Stare decisis

What is the hierarchy of courts on the federal level?

1. District courts

2. Appellate courts

3. SCOTUS

List examples of speciality courts:

Probate court, Federal Claims court, Bankruptcy Court

The body of law derived from judicial decisions, rather than from statutes or constitutions; foundation of the legal system in America

Common law

What begins civil court procedure?

Complaint or petition

A notice given to a defendant, attaching the complaint and stating a time frame in which an answer must be filed or an appearance made

Summons

Who must answer a summons?

The defendant

The lawyer for the plaintiff acquires information from the defendant's side. This is called:

Discovery

When the court renders a decision to resolve a civil matter:

Execution

legally enforceable agreement:

Contract

What three things are necessary to make a valid contract?

Offer and acceptance (can both parties consent?)

Consideration (something is being provided)

Legal purpose (is it illegal?)

Clear expression of intent to enter a contract:

Offer

Something of value exchanged between two parties:

Consideration

The offeree agrees to the terms of the contract:

Acceptance

What's the difference between a void and voidable contract?

Void= not a contract

Voidable= contract is valid but can be revoked due to some reason such as age, duress, etc

I make a contract to sell a stolen car to a dealer. What type of contract is this?

Void

What makes a contract unenforceable?

It violates legal principles or requirements

This occurs when one party fails to perform its obligations under a valid contract without legal excuse

Breach of contract

This type of contract is explicit, there is no ambiguity

Express contract

Are oral contracts valid?

Yes

What statute requires some contracts to be written?

Statute of frauds

Contracts about real estate, tasks that cannot be performed in under a year, high dollar amounts, fall under what statute?

Statute of frauds

Both parties make promises to each other

Bilateral contract

When you buy an item at the store you are engaging in a:

Bilateral contract

Promise from one party in exchange for the performance of a specified act of another:

Unilateral contract

Both parties have fulfilled their contractual duties:

Executed contract

One or both parties have not fulfilled their contract:

Executory contract

A defense arguing that a person isn't of sound mind or is a minor:

Lack of capacity

One party is forced into contract by threat (making it voidable)

Duress

One party puts too much pressure on the other party, undermining their ability to make decision

Undue influence

One party intentionally provides false information or omits information; makes the contract voidable

Misrepresentation

There is a misunderstanding between the contractual parties:

Mistake or errors

I no longer have to perform a contractual duty because it has been too long to start a lawsuit to enforce it. This is because of:

The statute of limitations

I have a contract to harvest 10 million squirrel skins. Suddenly every squirrel ever dies. Do I still have to perform my contract?

No--it falls under the defense of impossibility of performance

Defense based on the unfairness or oppression of contract terms, particularly if one party takes advantage of the others vulnerability

Unconscionability

The contract states you need to provide "some skittles" but you are not clear on what number or type this may mean, making it arguable under this defense:

Ambiguity or vagueness

One party fails to deliver what was promised in the contract:

Failure of consideration

A contract goes against social interest:

Public policy

Based on the principle that a party cannot enforce a contractual right if they have waived or estopped from asserting it due to their conduct

Waiver or estoppel

Defense if unforeseen events make the contract's purpose impractical or impossible

Frustration of purpose (see 10 million squirrel example)

The ideal remedy for breach of contract:

Performance (doing what you were already supposed to)

Substantial performance may be a remedy if there is not a total ____ __ ____

Breach of contract

Used if the breach is fundamental; helps the innocent party recover their losses

Material or mutual breach

Specific performance or damages ($$) are also ___ for contract breach

Remedies

Both parties consent to terminate the contract without legal consequences

Mutual agreements to cancel

The substitution of a new party for the original party so that they are released from their obligations

Novation

Parties agree to settle a dispute by substituting a new performance or payments

Accord and satisfaction

Remedy that Covers direct losses that result from contract breach

Compensatory damages

Remedy that Covers indirect or special losses created by contract breach

Consequential damages

Predetermined amounts agreed upon in contract if one party is to breach it (remedy)

Liquidation damages

Remedy that Allows innocent party to to cancel contract and return to pre-contract state if the breach is material

Rescission

Remedy that Corrects ambiguity in a contract to reflect true intent

Reformation

Symbolic amounts awarded when no actual loss is suffered by a legal right is violated (remedy)

Nominal damages

An injunction (stopping someone from doing something) is this type of remedy:

Equitable remedies

Punitive damages are made to…

Punish

Occurs when one party transfers their rights and and benefits under a contract to another party--the obligor is still liable

Assignment

The party that assigns an assignment is the:

Assignor

The party that receives assignment is the:

Assignee

The original party

Obligor

Involves transferring one's duties and obligations under a contract to a third party, who becomes responsible for those duties

Delegations

A party not initially part of a contract gains rights or incurs obligations

Third-party contracts

Model act that includes provisions concerning certain sales of goods and negotiable instruments

Uniform commercial code (UCC)

The UCC applies to ___ property, but not ___ property or ___ property

Tangible, intangible, real property (such as land)

The transfer of title to goods from the seller to the buyer for consideration

Sale

Consideration stipulated by a contract, generally expressed in money

Price

Movable tangible personal property

goods

Goods which are, at the time of the contract, in existence and owned by the seller

Existing goods

Goods not in existence or not yet owned by the seller at the time the contract was created

Future goods

The goods specified by the buyer and seller.

Identified goods

Ownership; evidence of ownership of property

Title

The UCC defines the acceptance of goods by a buyer of having these 2 elements:

1. The passing of the title

2. The buyer signifies they will retain the good (keep it)

How does the UCC apply to funeral service?

Through the sale of merchandise such as caskets or urns

Contract existing between the consignor and the carrier.

Bill of lading

Legal document that conveys or is evidence of title to tangible personal property

Bill of sale

a guarantee provided by the seller to the buyer that the goods being sold are free from any third-party claims or legal encumbrances. Essentially, it ensures that the seller has legal ownership and the right to transfer ownership of the goods.

Warranty of title

a promise made by the seller that the sale of the goods will not infringe upon any intellectual property rights of third parties. This warranty typically covers patents, trademarks, copyrights, or other intellectual proprietary rights associated with the goods.

Warranty against infringement

are explicit promises or guarantees made by the seller regarding the

quality, condition, or performance of the goods. These promises can be communicated through statements, affirmations, or descriptions of the goods made by the seller.

Expressed warranties

are not explicitly stated by the seller but are automatically imposed by statutory law which are invoked by the circumstances of the sale.

Implied warranties

assures the consumers that the goods sold are fit for their ordinary purpose and meet the standard expectations of similar goods in the market.

Warranty of merchantability (implied)

arises when the seller knows or has reason to know that the buyer is relying on their expertise to provide goods suitable for a specific purpose.

Warranty of fitness (implied)

refers to the illegal or unethical practice of charging excessively high interest rates on loans. Refers to the practice of charging consumers an excessively high amount of interest on unpaid account receivable invoices.

Usury fee

is the legally established rate of interest that can be charged on overdue debts or unpaid invoices.

Statutory interest

A party who gives up possession, but not the title, of personal property in a bailment.

Bailor

A party who acquires possession, but not the title, of personal property in a bailment.

Bailee

the transfer of possession, but not title, of personal property under agreement.

Bailment

occurs when an individual physically holds or has immediate control over the deceased, such as a funeral director overseeing preparations or transportation.

Actual possession

involves having legal authority or control over the disposition decisions, even if the person with such authority is not physically present with the deceased, such as next of kin

Constructive possession

What does ordinary care mean in terms of bailment?

The bailee should take care of the property and safeguard it. They must only use it for its intended purposes

the party who executes a promissory note.

maker

the party to whom a negotiable instrument is made payable.

payee

the person who executes any draft.

Drawer