Bus Law
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Created by:
carolrosado on February 25, 2012
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26 terms
Terms | Definitions |
|---|---|
slander | an abusive attack on a person's character or good name |
libel | a tort consisting of false and malicious publication printed for the purpose of defaming a living person |
vicarious negligence | Is the charging of a negligent act of one person to another. Generally, cases of ________________involve the negligence of an employee where the employer is held responsible for the actions of the employee. |
comparative negligence | a percentage of damage awards based on the contribution of negligence between two parties |
contributory negligence | An affirmative defense that alleges that the plaintiff, through a lack of care, caused or contributed to his or her own injury. |
respondent superior | an employer is vicariously liable for the behavior of an employee working within his or her scope of employment |
vicarious liability | legal responsibility placed on one person for the acts of another |
reasonable person | a prudent person, whose behavior would be considered appropriate under the circumstances |
strict liability | 100% responsible and liable for all damages |
contract | a binding agreement between two or more persons that is enforceable by law |
enforceable contract | When it contains all the elements required to be considered legally binding. |
offer | present for acceptance or rejection |
acceptance | (contract law) words signifying consent to the terms of an offer (thereby creating a contract) |
mutual agreement | Must have a proposal made by oferor to oferee and the oferee or agent must accept. |
consideration | anything that is given, done, promised, forbidden, or suffered by one party as an inducement for the agreement. |
indivisible contract | A contract that cannot be divided and must be performed in its entirety. |
implied contract | a contract in which the terms are not expressly stated but can be inferred from the actions of the people involved and the circumstances |
express contract | a contract statement that may be oral or written |
oral contract | A contract that is not in writing, not signed by the parties, and created by conversation. |
competent parties | To be considered a competent party, it is required that all persons involved in a valid contract be of legal age and sound mind. |
proper form | The requirement that the form of a contract be correct for the terms of a contract to be enforceable.Must be in writing. |
executory contracts | those contracts in which the terms have not been completely executed or fulfilled by the parties•contract not fully carried out by all parties |
executed contract | a contract that is complete and final with respect to all of its terms and conditions |
valid contract | A contract that contains all of the necessary elements and is enforceable in a court of law. |
void contract | A contract that is not enforceable from the beginning because It LACKS one of the requirements of a valid contract. |
voidable contract | A contract wherein one of the parties can challenge one or more of the elements of contract and therefore bears right to affirm or disaffirm the contract. |
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