american law

Contract

an agreement creating obligations enforceable by law

assent

intentional approval of known facts offered by another for acceptance

consideration

something bargained for in a promissory agreement

damages

monetary compensation

expectation damages

damages intended to put the injured party in the position they would be in had the contract been completed

Mutual Assent

an agreement to a contract by both parties; often established with an offer and agreement

offer

a promise to do (or restrain from doing) something in exchange for goods

promissory estoppel

the doctrine that allows the promisee to recover damages when they don’t receive the goods they reasonably relied on

statue of frauds

requires contracts exchanging property or money over an amount to be in writing and signed

tort law

a civil wrong that can be corrected by awarding damages

battery

intentionally causing harm or offense without consent

comparative negligence

allocating damages when both parties are somewhat at fault. in cases of negligence, the jury allocates fault

products liability

manufacturers are liable for injury caused by manufacturing defects

punitive damages

extra punishment, not usually rewarded

res ipsa loquitur

“The thing speaks for itself” In Tort, allows the plaintiff to use circumstantial evidence

strict liability

you are liable if you cause injury with a deliberate act, even if the injury wasn’t intentional