5 Written questions
5 Matching questions
- American Rule
- Burden of Proof
- Sovereign Immunity
- Apparent Authority
- a The obligation to present evidence to support one's claim
- b The appearance or the assumption of authority based on the actions, words, or deeds of the principal or because of circumstances the principal created.
- c not deserving blame
- d where each party pays their own fees
- e an exemption that precludes bringing a suit against the sovereign government without the government's consent
5 Multiple choice questions
- Breach of contract important enough to excuse the non-breaching party from performing any contractual obligations.
- State law requires certain instruments, such as deeds, real estate sales contracts and certain leases, to be in writing to be legally enforceable
- The authority of an agent specifically told or written to them by the principal
- a business owned and controlled by one person.
- A theory under which the intent to form a contract will be judged by outward, objective facts (what the party said when entering into the contract, how the party acted or appeared, and the circumstances surrounding the transaction) as interpreted by a reasonable person, rather than by the party's own secret, subjective intentions.
5 True/False questions
Agent → a deliberate deception intended to produce unlawful gain
Duress → a representative who acts on behalf of other persons or organizations
Unconscionability → Unconscionability is generally not a defense against enforcement. Unconscionability can be substantive, i.e. the terms are unfair, or procedural, i.e. the process was unfair.
Indemnification → A cause and effect relationship in which one variable controls the changes in another variable.
Act of God → a natural and unavoidable catastrophe that interrupts the expected course of events