1/8
Looks like no tags are added yet.
Name | Mastery | Learn | Test | Matching | Spaced | Call with Kai | Chat |
|---|
No analytics yet
Send a link to your students to track their progress
Passing Off
Presenting another person’s goods or services as your own
Defenses against Defamation (4)
Truth
Absolute Privilege — statements inside court proceedings
Qualified Privilege — made in good faith w/o intent to injure
Fair Comment — matter of public interest
Strict Liability — non-natural use of land
Something escapes from the property that injures the plaintiff
Nuisance
Intentional or unintentional actions on surrounding properties that cause harm to another’s use and enjoyment of their property
Legal Ingredients of a Valid Contract
Intention to create a legal relationship
Offer & Acceptance
Mutual Consideration
Legality
Misrepresentation
Innocent: Misrepresented a fact
Negligent: Makes the statement carelessly
Fraudulent: Deliberate intent to mislead or make the statement recklessly without knowing or believing that it is true
Puffery
Exaggerated sales talk that is usually not legally actionable
Reasons a Contractual Relationship May End (4)
Performance: Both parties completely fulfill their obligations
Mutual Agreement: The parties voluntarily end the agreement before it is fully performed
Breach: Serious breach may release the innocent party from continuing with the contract, if they so decide
Frustration: Significant unforeseen event occurs after contract which makes contractual performance impossible or illegal
Remedies of Contracts Ending
Rescission: Restores the parties to the situation they were in before the contract was formed
Pecuniary Damages: Monetary losses are recoverable unless a clause exists that limits or fixes that liability
Injunction: The court orders the party who breached the contract not to engage in specific activities
Damages: Restitution to provide the plaintiff with the monetary equivalent of contractual performance
Punitive Damages: A rare award to the plaintiff to punish the defendant for malicious, oppressive, and high-handed conduct
Specific performance: the party who breached is ordered to do exactly what the contract obligated them to do