SGMA 395 Midterm Topics for Review

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Last updated 3:48 AM on 10/14/26
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9 Terms

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Passing Off

  • Presenting another person’s goods or services as your own


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Defenses against Defamation (4)

  1. Truth

  2. Absolute Privilege — statements inside court proceedings

  3. Qualified Privilege — made in good faith w/o intent to injure

  4. Fair Comment — matter of public interest


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Strict Liability — non-natural use of land

  • Something escapes from the property that injures the plaintiff


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Nuisance

  • Intentional or unintentional actions on surrounding properties that cause harm to another’s use and enjoyment of their property


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Legal Ingredients of a Valid Contract

  1. Intention to create a legal relationship

  2. Offer & Acceptance

  3. Mutual Consideration

  4. Legality


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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


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Puffery

  • Exaggerated sales talk that is usually not legally actionable


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Reasons a Contractual Relationship May End (4)

  1. Performance: Both parties completely fulfill their obligations

  2. Mutual Agreement: The parties voluntarily end the agreement before it is fully performed

  3. Breach: Serious breach may release the innocent party from continuing with the contract, if they so decide

  4. Frustration: Significant unforeseen event occurs after contract which makes contractual performance impossible or illegal


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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