Posik v. Layton Vocabulary and Concepts

Vocabulary and legal concepts flashcards compiled from the Posik v. Layton case notes and clarification materials.

Support agreement

A contract in which one person agrees to provide financial or other support to another person.

Waiver

Giving up a legal right, including the right to enforce or complain about a particular breach.

Waive a breach

To give up the right to rely on or enforce a particular breach of the contract, usually by accepting it and continuing with the agreement.

Non-probatable assets

Assets that pass directly to another person at death instead of going through the probate process, such as certain jointly held or beneficiary-designated accounts.

To the extent of 100% of her entire non-probatable assets

Layton's promise to arrange for all of her non-probate assets—not merely a portion—to be held or designated for Posik.

Ascertainable as to

Able to be figured out or calculated with respect to something.

Quantum meruit

A claim for the reasonable value of services performed, essentially asking to be paid what work was reasonably worth even when recovery is not based on enforcing the contract itself.

Consideration

The bargained-for legal value that a party gives, promises, or gives up in exchange for the other party's promise or performance.

Illicit consideration

Bargained-for consideration that is illegal or contrary to public policy and therefore may make an agreement unenforceable.

Statute of Frauds

A rule requiring certain types of agreements to be in writing to be enforceable.

That factor

The fact that sexual services were not mentioned in the written agreement.

Enforceable

Legally capable of being recognized and enforced by a court.

Overreaching

Taking unfair advantage of another person in obtaining an agreement, such as through improper pressure, manipulation, concealment, or exploitation.

Promissory note

A written promise to repay a specified amount of money, such as the note Layton gave Posik for a $20,000 loan.

Promissory

Involving or expressing a promise.

Liquidated damages

An amount of damages the parties set in advance in the contract for a specified breach, which must function as compensation rather than an unenforceable penalty.

Declaratory judgment claim

A claim asking a court to officially declare the parties' legal rights or obligations to obtain a binding legal determination without necessarily seeking money damages.

Claim

A formal legal assertion that a person has a right against another person and is entitled to some remedy from the court.

Counterclaim

A claim made by a defendant against the plaintiff in the same lawsuit.

Loath

Very reluctant or unwilling.

Dismiss blithely

To brush an argument aside casually or without much concern.

At pains

Making a careful or deliberate effort to do something, such as formalizing an agreement in writing.

Repudiate

To refuse to honor a contract or to indicate that one will not perform contractual obligations.

Collect on the note

To enforce a promissory note and obtain repayment of the money promised in it, such as Posik seeking repayment of the $20,000 loan.

Argument

The reasoning used to show why a legal claim should succeed.